Veterans are a ready source of qualified, committed job candidates with transferable skills proven in real world situations. The leadership skills and work ethic associated with military service are the hallmarks of good employees. In fact, studies have shown that veterans have higher than average rates of productivity and retention. Employers who recognize the value military service brings to the workplace and take proactive steps to hire veterans can also achieve a more successful workforce.
Along with rights and remedies they may have under the Uniformed Services Employment and Reemployment Rights Act (USERRA), some veterans who are employees of or applicants for jobs at covered federal contractors or subcontractors may be entitled to additional protections under the Vietnam Era Veterans’ Readjustment Assistance Act of 1974 (VEVRAA). A veteran is considered a “protected veteran” if they fall into one or more of the following categories: disabled veteran; recently separated veteran; active duty wartime or campaign badge veteran; or Armed Forces service medal veteran.
VEVRAA also requires covered federal contractors and subcontractors to establish hiring benchmarks and take proactive steps to recruit, hire, retain, and promote protected veterans. It’s illegal for you to discriminate against these employees when making employment decisions related to hiring, firing, pay, benefits, job assignments, layoffs, training, and other employment-related activities.
We are committed to helping you understand your responsibilities as an employer. Many questions about your responsibilities as a federal contractor toward protected veterans may be answered by using the following elaws (Employment Laws Assistance for Workers and Small Businesses) Advisor:
The Office of Federal Contract Compliance Programs (OFCCP) oversees and enforces VEVRAA, the law regarding discrimination based on protected veteran status, including disabled veterans, by federal contractors and subcontractors.
For additional assistance, please contact:
Covered federal contractors and subcontractors have certain requirements related to their nondiscrimination obligations and, if applicable, additional responsibilities regarding protected veterans. These requirements may include (in addition to maintaining basic personnel and employment records) adding an equal opportunity clause into covered contracts and subcontracts, developing a written program, and analyzing application and hiring data for protected veterans. This data is generally collected through invitations to applicants and employees to voluntarily self-identify as a protected veteran.
By statute, VEVRAA provides for a prompt investigation of employment discrimination complaints based on protected veteran status. See 38 U.S.C. § 4212(b). Employees and applicants of covered contractors, third parties, and authorized representatives (e.g., a family member, personal representative, or union representative) may file a complaint with OFCCP on behalf of an individual or group.
Even if you’re not a federal contractor or subcontractor, you’re generally prohibited from discriminating against employees based on their protected veteran or service member status. It’s not always obvious when a situation can be considered discrimination under the law. It’s in your best interest as an employer to familiarize yourself with these laws and contact the Federal Government if you have questions.
In addition to VEVRAA, OFCCP oversees and enforces Section 503 of the Rehabilitation Act of 1973 (Section 503), a law prohibiting federal contractors and subcontractors for discriminating based on disability status.
The elaws (Employment Laws Assistance for Workers and Small Businesses) Advisors are a set of online tools developed by the U.S. Department of Labor to help employees and employers understand their rights and responsibilities under federal employment laws.
200 Constitution Ave NW, Washington, DC 20210
1-866-487-2365 | Federal Telecommunications Relay 711