labor lawAdivision of labor law center

The federal Office of Federal Contract Compliance Programs recently updated its regulations regarding veterans. In addition, the agency has created new posting regulations for all employers under the JVA.

 

The new regulations are a result of the JVA, the Jobs for Veterans Act of 2002, which amended section 4212 of the Vietnam Era Veterans’ Readjustment Assistance Act of 1994 or VEVRAA.

The newest JVA regulations apply to employers with 50 or more employees if the employer also has either:

• A federal contract of $50,000 or more signed before December 1, 2003 or
• A federal contract of $100,000 of more signed or modified on or after December 1, 2003

Employers with smaller federal contracts are not bound by the new regulations, although they must still comply with other provisions of the VEVRAA, the Vietnam Era Veterans Readjustment Assistance Act. 

 

The Office of Federal Contract Compliance Programs is a part of the Employment Standards Administration or ESA, a division of the US Department of Labor.

 

Under the new regulations, employers must not discriminate against veterans. In addition, employers must have an affirmative action program for covered veterans. The affirmative action program requires that employers take proactive measures to recruit veterans. Two new categories, Recently Separated Veterans and Other Protected Veterans, have been added to the existing categories of Special Disabled Veterans and Vietnam Era Veterans.

 

The new regulations add recently separated veterans and other protected veterans to the list of those covered under the JVA. Under the Office of Federal Contract Compliance Program definition, a recently separated veteran is one who was discharged or released from active duty in the past 3 years. This provision covers any military member even if he or she was not assigned to a combat area.

 

Other protected veterans are those who have served in wars, campaigns or expeditions for which a campaign badge has been authorized, under the laws administered by the Department of Defense. This would include veterans of the Korean Conflict, of Operation Desert Storm as well as veterans of current conflicts in Iraq and Afghanistan. These veterans of armed combat are permanently covered under the Jobs for Veterans Act as a protected class.

 

These two groups join special disabled veterans and veterans of the Vietnam era as protected groups under the new regulations.

 

Any veteran who was discharged or released from active duty because of a service-connected disability is considered a Special Disabled Veteran.  So is any veteran who has a disability rated at 30% or greater, or a disability determined to be a serious employment handicap by the military.

Vietnam Era Veterans are defined as those that served 180 days or more in the Republic of Vietnam between February 28, 1961 and May 7, 1975. Others who were in the military between August 5, 1964 and May 7, 1975 are also included, even if they did not serve in Vietnam. Disabled veterans are not required to meet the 180-day minimum requirement. Vets with a dishonorable discharge are excluded from this provision.

 

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