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The Vietnam Era Veterans' Readjustment Assistance Act of 1974 (VEVRAA) prohibits discrimination against and requires affirmative action for disabled veterans, as well as other categories of veterans.
Vietnam era veterans, special disabled veterans, and veterans who served on active duty during a war or in a campaign or expedition for which a campaign badge had been authorized were originally protected in employment by the Vietnam Era Veterans' Readjustment Assistance Act of 1974, as amended, 38 U.S.C. 4212.
The law originally required that employers with Federal contracts or subcontracts provide equal opportunity and affirmative action for Vietnam era veterans, special disabled veterans, and veterans who served on active duty during a war or in a campaign or expedition for which a campaign badge has been authorized.
The Jobs for Veterans Act (JVA) amended VEVRAA by raising the dollar amount of the contract required for an employer to be covered under VEVRAA from $25,000 to $100,000, and changing the categories of protected veterans. The JVA amendments to VEVRAA apply to contracts entered on or after December 1, 2003.
JVA eliminated the coverage category of veterans of the Vietnam era, added a new category of Armed Forces Service Medal veterans, expanded the coverage of veterans with disabilities to include all veterans with service connected disabilities, and expanded the coverage of recently separated veterans from one year after discharge or release from active duty, to three years. Many individuals previously categorized as Vietnam era veterans will continue to be covered under other categories (e.g., campaign veterans).
If a contractor has contracts that were entered prior to December 1, 2003, the effective date of the JVA amendments, the following categories of veterans are protected under VEVRAA:
Veterans who are entitled to compensation (or who but for the receipt of military retired pay would be entitled to compensation) under the laws administered by the Secretary of Veterans Affairs for a disability rated at 30 percent or more, or rated at 10 or 20 percent in the case of veterans who have been determined to have a serious employment handicap; or veterans who were discharged because of a service-connected disability.
Veterans who: (1) served on active duty for a period of more than 180 days, and were discharged or released with other than a dishonorable discharge, if any part of such active duty occurred: (a) in the Republic of Vietnam between February 28, 1961 and May 7, 1975; (b) between August 5, 1964, and May 7, 1975, in all other cases; or (2) were discharged or released from active duty for a service-connected disability if any part of such active duty was performed: (a) in the Republic of Vietnam between February 28, 1961 and May 7, 1975, or (b) between February 28, 1964, and May 1975, in all other cases.
Veterans who served on active duty during a war or in a campaign or expedition for which a campaign badge was authorized. A list of covered campaigns is provided at the Office of Personnel Management's website
http://www.opm.gov/veterans/html/vgmedal2.asp
Veterans who served on active duty in the U.S. military during the one-year period beginning on the date of their discharge or release from active duty.
If a contractor has contracts entered on or after December 1, 2003, the following categories of veterans are protected under VEVRAA:
Veterans who are entitled to compensation (or who but for the receipt of military retired pay would be entitled to compensation) under laws administered by the Secretary of Veterans Affairs, or who were discharged or released from active duty because of a service-connected disability.
Same definition as under pre-JVA amendments.
Veterans who participated in a United States military operation for which an Armed Forces Medal was awarded.
Veterans who served on active duty in the U.S. military during the three-year period beginning on the date of their discharge or release from active duty.
As a part of affirmative action, Federal contractors and subcontractors are required to list with the local State employment service all employment openings except for executive and top management jobs; jobs which the contractor expects to fill from within; and jobs lasting 3 days or less.
If a covered veteran believes he/she has been discriminated against by a Federal contractor or subcontractor, he or she may file a complaint. Complaints may be filed with the Office of Federal Contract Compliance Programs (OFCCP) or through the local Veteran's Employment Representative at a local State employment service office.
If any covered veteran believes a contractor of the United States has failed to comply or refuses to comply with contract provisions relating to the employment of veterans, the veteran may file a complaint with the Office of Federal Contract Compliance Programs.
The Office of Federal Contract Compliance Programs (OFCCP) is part of the U.S. Department of Labor's Employment Standards Administration. OFCCP is responsible for ensuring that employers doing business with the federal government comply with the laws and regulations requiring nondiscrimination.
Office of Federal Contract Compliance Programs
Employment Standards Administration
U.S. Department of Labor
200 Constitution Ave., NW
Washington, D.C. 20210
Internet: http://www.dol.gov/esa/ofccp/
A list of district and area OFCCP offices in each state is available online at:
http://www.dol.gov/esa/contacts/ofccp/ofnation2.htm
A copy of 38 U.S.C. 4212, the Vietnam Era Veterans' Readjustment Assistance Act of 1974, as amended, is available online at:
http://www.dol.gov/esa/regs/statutes/ofccp/4212.htm
Regulations applicable to this law are found in 41 CFR Chapter 60. These are available online at:
http://www.dol.gov/dol/allcfr/Title_41/Chapter_60.htm
http://www.dol.gov/dol/topic/discrimination/disabilitydisc.htm
http://www.dol.gov/esa/regs/compliance/ofccp/fsvevraa.htm
http://www.dol.gov/esa/ofccp/index.htm
http://www.dol.gov/esa/regs/compliance/ofccp/faqs/empefaqs.htm
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