The Vietnam Era Veterans’ Readjustment Assistance Act of 1974 (VEVRAA) is one of many laws that applies specifically to organizations that contract with the federal government.
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According to the Department of Labor (DOL) website outlining VEVRAA, federal contractors covered by the law must “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.”[i]
In short, this means that for those employers that are subject to VEVRAA (details of which are covered below), no discrimination is allowed against protected veterans, including those with disabilities, and affirmative action must be implemented to ensure veterans are hired.
It’s important to note that even though the name designates “Vietnam Era Veterans,” the law has more recently been deemed to apply to all veterans who meet the requirements, not just those who served in Vietnam. VEVRAA has also been amended directly and by other laws in the years since it was implemented.
Which Employers Are Covered by VEVRAA?
As noted, this particular legislation applies to some employers with federal contracts. The details are as follows:
- For any federal contract that began before December 1, 2003, the employer involved is covered by VEVRAA if the value of that contract (or subcontract) is $25,000 or more.
- For federal contracts beginning on or after that date, the employer associated with the contract is covered by VEVRAA if the contract is $100,000 or more.
In practice, today that means the second point will apply: If the federal contract (or subcontract) is for $100,000 or more, the employer involved is subject to VEVRAA regulations.
For all covered employers, they must not discriminate against protected veterans and must take affirmative action steps to hire, promote, and retain veterans in their workforce.
Recent Updates to VEVRAA
As noted above, there have been some more recent changes to VEVRAA. The main change from a practical standpoint is the strengthening of the affirmative action requirements.
The DOL has noted that:
“VEVRAA prohibits federal contractors and subcontractors from discriminating in employment against protected veterans, and requires these employers to take affirmative action to recruit, hire, promote, and retain these veterans. The new rule strengthens the affirmative action provisions of the regulations to aid contractors in their efforts to recruit and hire protected veterans and improve job opportunities for protected veterans.”[ii]
To meet the requirements, covered employers must establish and strive to meet hiring benchmarks for protected veterans. This benchmark can be the same as the national benchmark, which is based on the number of veterans in the civilian labor force. Alternatively, employers can set an individualized benchmark, but only if they follow the guidelines within the law for doing so.
Additionally, covered employers must post available jobs with the local state employment service or other applicable employment service in their area so that covered veterans can get priority access to those listings.
Covered employers also must invite veterans to self-identify as such to assist in this process.
Yet another provision of VEVRAA is that the law allows any veteran who feels that a covered federal contractor has not complied with VEVRAA to file a complaint with the secretary of labor.
This is just an overview of VEVRAA and its amendments. There are additional employer obligations. If you are a covered employer, be sure to conduct further research and consult legal counsel with questions.
*This article does not constitute legal advice. Always consult legal counsel with specific questions.
[i] http://www.dol.gov/ofccp/regs/compliance/fsvevraa.htm
[ii] http://www.dol.gov/ofccp/regs/compliance/vevraa.htm
About Bridget Miller:
Bridget Miller is a business consultant with a specialized MBA in International Economics and Management, which provides a unique perspective on business challenges. She’s been working in the corporate world for over 15 years, with experience across multiple diverse departments including HR, sales, marketing, IT, commercial development, and training.