OFCCP Issues Rule On "Jobs For Veterans Act" Amendments

The Office of Federal Contract Compliance Programs (OFCCP) has published a final rule implementing the Jobs for Veterans Act (JVA), which amended the Vietnam Era Veterans' Readjustment Act (VEVRAA). The final rule implementing the JVA amendments went into effect on September 7, 2007. Covered contractors must use the new categories for covered veterans in affirmative action plans (AAPs) prepared after October 1, 2007.

The JVA amendments made three significant changes to the affirmative action requirements of VEVRAA. First, the JVA amendments raised the threshold dollar amount of covered federal contracts from $25,000 to $100,000. Second, the JVA amendments modified the definition of covered veterans. Third, the JVA amendments revised the mandatory job listing requirements for covered contractors.

Federal contractors are faced with several practical considerations in light of the JVA amendments:

• Contractors with federal contracts of $25,000 or more that were entered into or modified prior to December 1, 2003, must continue to comply with the pre-JVA VEVRAA requirements. Contractors with contracts of $25,000 or more before December 1, 2003, and contracts entered into or modified after December 1, 2003, of $100,000 or more must comply with the pre-JVA VEVRAA requirements and the JVA amendments. To do so, contractors must report on both sets of veteran categories.
  
  
• Pre-JVA VEVRAA regulations require covered contractors to engage in affirmative action efforts for the following categories: 1) special disabled veterans; 2) newly separated veterans; 3) other protected veterans; and 4) veterans of the Vietnam era. The JVA amendments changed the protected categories of veterans t 1) disabled veterans; 2) recently separated veterans; 3) other protected veterans; and 4) Armed Forces service medal veterans.
  
  
• The JVA amendments also address the elimination of America's Job Bank (which ceased operations on June 30, 2007) and require covered contractors to list their employment openings with the appropriate "employment service delivery system" where the opening occurs. This obligation to list vacancies does not apply to temporary positions of three days or less, positions filled from within a contractor's organization, or executive or senior management positions. OFCCP has publicly stated that, at least until the effective date of the final rule, it will not cite a contractor for noncompliance solely for failure to comply with the mandatory job listing requirement as long as the contractors can demonstrate good faith efforts to recruit and employ qualified covered veterans.
  
  
• Contractors should note that OFCCP made clear in its final rule that a contractor's use of temporary or staffing agencies does not relieve the contractor of the obligation to comply with the mandatory job listing requirement.

Note: This article was published in the August - December 2007 "Double Issue" of The Employment Law Authority.