OFCCP Publishes Proposed VEVRAA Regulation Revisions

By Robert Newland

Below the details of this announcement. Affirmative Action Services will prepare an in-depth analysis on this in the next few days.

OFCCP published in the April 26, 2011 Federal Register a Notice of Proposed Rulemaking (NPRM) that proposes to strengthen affirmative action requirements of federal contractors and subcontractors for veterans protected under the Vietnam Era Veterans' Readjustment Assistance Act of 1974. Veterans protected by VEVRAA include those with disabilities and those recently discharged as well as those who served during a war, campaign or expedition for which a campaign badge is authorized. The NPRM link to the Federal Register is http://www.gpo.gov/fdsys/pkg/FR-2011-04-26/html/2011-8693.htm. In addition, a list of frequently asked questions regarding this NPRM may be found here.
Increasing numbers of veterans are returning from duty in Iraq, Afghanistan and other places around the world only to face substantial obstacles in finding employment. Today, in the spirit of ensuring that all Americans have equal access to good jobs and that America's workplaces are equitable, the Office of Federal Contract Compliance Programs (OFCCP) published a Notice of Proposed Rulemaking (NPRM). The NPRM recommends revisions that strengthen Federal regulations implementing the Vietnam Era Veterans' Readjustment Assistance Act of 1974 (Section 4212), as amended, commonly referred to as VEVRAA.
OFCCP proposes several changes to the requirement that employers doing business with the Federal government engage in specific types of outreach and recruitment that target veterans. One proposal requires Federal contractors to evaluate annually the effectiveness of their efforts to ensure that protected veterans have access to employment opportunities. The NPRM also proposes requiring Federal contractors to establish and maintain quantitative data on the number of protected veterans they learn about through job referrals, the number of protected veterans applying for jobs, and the number of protected veterans they hire. OFCCP's proposal also requires contractors to establish annual hiring benchmarks based on availability data and other relevant information. These benchmarks will enable contractors to measure their success in recruiting, employing and retaining protected veterans.
Another proposal addresses self-identification. In light of the difficulty identifying a veteran protected by Section 4212, the NPRM suggests requiring Federal contractors to invite veterans to self-identify both pre-and post-offer of employment.
You can submit comments on OFCCP's NPRM either electronically at http://www.regulations.gov or by mail. The identification number (RIN) for this NPRM is 1250-AA00. If you are mailing or hand delivering comments, send them to Debra Carr, Director, Division of Policy, Planning, and Program Development, Office of Federal Contract Compliance Programs, Room C-3325, 200 Constitution Avenue, N.W., Washington, D.C. 20210. Indicate RIN number 1250-AA00. Comments must be received on or before June 27, 2011.