The Vietnam Era Veterans’ Readjustment Assistance Act of 1974, as amended (VEVRAA) requires covered federal contractors to take affirmative action towards covered veterans. This law has been amended by the Jobs for Veterans Act (JVA) and therefore has two coverage thresholds:
* The VEVRAA regulations found at 41 C.F.R. part 60-250 generally apply to Government contracts of $25,000 or more entered into before December 1, 2003. The threshold amount for coverage is a single contract of $25,000 or more; contracts are not aggregated to reach the coverage threshold. If a Federal contractor received a government contract of at least $50,000 prior to December 1, 2003, an AAP must be developed in accordance with the 41 C.F.R. part 60-250 VEVRAA regulations.
* The regulations found at 41 C.F.R. part 60-300 apply to Government contracts entered into on or after December 1, 2003. The threshold amount for coverage and AAP threshold coverage is a single contract of $100,000 or more, entered into on or after December 1, 2003; contracts are not aggregated to reach the coverage threshold.
The categories of covered veterans depends on which set of regulations an employer must comply with. The 60-250 regulations require the annual submission of the VETS-100 report and include the following categories:
- Special Disabled Veteran
- Vietnam Era Veteran
- Other Protected Veteran
- Recently Separated Veteran (within 1 year of separation from active duty)
The 60-300 regulations require the annual filing of the VETS-100A report and protect the following categories of veterans:
- Disabled Veteran
- Armed Forces Service Medal Veteran
- Other Protected Veteran
- Recently Separated Veteran (within 3 years of separation from active duty)
If an employer has contracts that fall under both sets of regulations, they must collect information and report under both sets of veteran categories. This is facilitated by listing all the veteran categories on employee self-identification forms.
Job Listing Requirements
VEVRAA is also the legal basis for the mandatory job listing requirements that apply to covered contractors. If an employer is subject to either set of the above regulations they are required to list ALL OPEN POSITIONS with the appropriate employment delivery system. The following positions are exempt from the posting requirement:
- executive and top management positions
- positions that will be filled from within the contractor’s organization
- positions lasting three days or less
A helpful resource for identifying the appropriate employment delivery system can be found at http://www.jobbankinfo.org/