It’s time for federal contractors and subcontractors to prepare for changes that will affect their employment practices with respect to veterans. Late last year, President Bush signed into law the Jobs for Veterans Act (JVA), which makes significant changes to the Vietnam Era Veterans’ Readjustment Assis- tance Act of 1974 (VEVRAA) and goes into effect in December 2003. Both laws are aimed at easing veterans’ transition back into civilian employment.
Join us this fall in San Francisco for the California Employment Law Update conference, a 3-day event that will teach you everything you need to know about new laws and regulations, and your compliance obligations, for the year ahead—it’s one-stop shopping at its best.
Changes to the Current Law
Here are four ways the current law will change:
- Higher bar for coverage. Under the new law, only employers with a federal contract or subcontract of $100,000 or more must create an affirmative action plan to hire and promote qualified veterans. The current contract threshold amount is $25,000.
- Expanded categories of covered veterans. The VEVRAA currently applies to veterans with certain disability ratings, Vietnam-era veterans, veterans who served in a war or in a mission for which a campaign badge was issued, and veterans who have been out of the military for one year or less. Here’s how those categories have changed:
- Disabled veterans: Under the new law, all disabled veterans will be covered. The definition of who qualifies has expanded to include people who can perform essential job functions with or without a reasonable accommodation. This is the same test specified in the Americans with Disabilities Act.
- Recently separated veterans: Veterans who have left service within three years are covered by the new requirements, not the year or less under the VEVRAA.
- Covered medal categories: The JVA adds a new category for military veterans who received an Armed Forces Service Medal under Executive Order 12985 for participating in noncombatant military operations the Joint Chiefs of Staff consider significant.
- Vietnam-era veterans: This entire category is eliminated from covered status, but Vietnam-era veterans may remain covered in other categories such as disabled veterans.
- New reporting requirements. Under the JVA, contractors and subcontractors must annually report to the U.S. Department of Labor the number of covered veterans they employ by job category, the number hired within the previous year, the maximum and minimum number of nontemporary workers employed during the previous year, and the total number of employees in each of its designated job categories.
- Disabled veterans: Under the new law, all disabled veterans will be covered. The definition of who qualifies has expanded to include people who can perform essential job functions with or without a reasonable accommodation. This is the same test specified in the Americans with Disabilities Act.
- New job listing standards. Under the new law federal contractors to post all job openings with the local employment service office, but they may also list openings with one-stop career centers under the Workforce Investment Act, with America’s Job Bank, or with other authorized job listing services. Employers need not post executive and senior management listings, positions that are to be filled with internal candidates, and jobs lasting three days or less.
Get Ready Now
All employers who enter into federal contracts or subcontracts of $100,000 or more on or after Dec. 1, 2003, will have to comply with the new requirements. If you’re subject to the JVA, be sure to incorporate the required changes into updated written affirmative action plan.