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The Vietnam ERA Veteran’s Readjustment Assistance Act of 1974 (VEVRAA)

The Vietnam Era Veteran’s Readjustment Assistance Act of 1974 (VEVRAA) requires that employers 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. The Act also requires the implementation of an affirmative action program for eligible veterans.

Title 38 of the U.S. Code, Section 4212, covers employers with federal contracts or subcontracts based on the date on which the employer entered its federal contract which is key in determining whether or not the contract is covered under Section 4212. In the case of federal contracts and subcontracts entered into before December 1, 2003, the employer is covered under Section 4212 if the amount of the federal contract or subcontract is $25,000 or more. In the case of federal contracts or subcontracts entered into on or after December 1, 2003, the employer is covered under Section 4212 if the federal contract or subcontract is in the amount of $100,000 or more. Contracts covered by Section 4212 and its implementing regulations may be for the purchase, sale or use of personal property, nonpersonal services, or both. In this context, the term “nonpersonal services” includes services such as construction. Agreements in which the parties stand in the relationship of employer and employee are not covered. Contracts covered by Section 4212 and its regulations may be for the purchase, sale or use of personal property, non personal services, or both. See, U.S. Department of Labor OFCCP Vietnam Era Veterans’ Readjustment Assistance Act of 1974.

Until Congress passed the Veterans Employment Opportunities Act of 1998 (VEOA), Section 4212 applied to contractors and subcontractors with contracts of more than $10,000. In addition, only “special disabled veterans” and “veterans of the Vietnam era” were protected under the section.

In the VEOA, Congress raised the minimum contract amount to $25,000 and expanded the application of Section 4212 to include other protected veterans. In the Veterans Benefits and Health Care Improvement Act (VBHCIA), Congress added recently separated veterans to those groups of veterans protected under VEVRAA. In the Jobs for Veterans Act (JVA), Congress raised the minimum contract amount to $100,000 and changed the categories of veterans that are covered under Section 4212. In addition, the JVA changed the manner in which federal contractors are to comply with the requirement to list job openings with the state employment security agency.

Definitions

Under Section 4212, a “veteran of the Vietnam era” means a veteran of the U.S. military, ground, naval, or air service, any part of whose service was during the period August 5, 1964 through May 7, 1975, who (1) served on active duty for a period of more than 180 days and was discharged or released with other than a dishonorable discharge, or (2) was discharged or released from active duty because of a service-connected disability. “Vietnam era veteran” also includes any veteran of the U.S. military, ground, naval, or air service who served in the Republic of Vietnam between February 28, 1961 and May 7, 1975. Note: JVA eliminated Vietnam era veterans as a protected category under VEVRAA. However, most Vietnam era veterans will continue to be protected under other categories.

A “special disabled veteran” means a veteran who served on active duty in the U.S. military ground, naval, or air service and (1) who was discharged or released from active duty because of a service-connected disability, or (2) who is entitled to compensation (or who but for the receipt of military retired pay would be entitled to compensation) for certain disabilities under laws administered by the Department of Veterans Affairs (i.e., disabilities rated at 30 percent or more, or at 10 or 20 percent if the veteran has been determined to have a serious employment handicap).

A “disabled veteran” means a veteran who served on active duty in the U.S. military ground, naval, or air service: (1) is entitled to disability compensation (or who but for the receipt of military retired pay would be entitled to disability compensation) under laws administered by the Secretary of Veterans Affairs, or (2) was discharged or released from active duty because of a service-connected disability.

A “recently separated veteran,” with respect to federal contracts and subcontracts entered into before December 1, 2003, means any veteran who served on active duty in the U.S. military ground, naval, or air service during the one-year period beginning on the date of such veteran’s discharge or release from active duty. With respect to federal contracts and subcontracts entered into on or after December 1, 2003, “recently separated veterans” means any veteran who served on active duty during the three-year period beginning on the date of such veteran’s discharge or release from active duty.

An “other protected veteran” means any other veteran who served on active duty in the U.S. military ground, naval, or air service during a war or in a campaign or expedition for which a campaign badge has been authorized, other than a special disabled veteran, veteran of the Vietnam era, or recently separated veteran.

An “Armed Forces service medal veteran” means a veteran who, while serving on active duty in the U.S. military ground, naval, or air service, participated in a United States military operation for which an Armed Forces service medal was awarded pursuant to Executive Order 12985 (61 Fed. Reg. 1209).

Employee Rights

Employees and applicants for employment with a covered contractor or subcontractor have the right to file a complaint with OFCCP if they believe that the contractor or subcontractor has discriminated against them on the basis of veteran’s status. Such complaints may be filed online at OFCCP’s. See, Department of Labor OFCCP How to File a Complaint.

Anyone may call OFCCP with a question about interpreting the regulations, filing a complaint, or any other related matter. The main telephone numbers for OFCCP’s national offices are 202-693-0101 and 202-693-1337 (TTY). For additional telephone numbers see, U.S. Department of Labor — OFCCP — Contact Us.

Compliance Assistance Available

For more information pertaining to OFCCP or any other issue related to federal contractors’ equal employment opportunity and affirmative action obligations:

Title IX of the Education-amendments of 1972

Title IX of the Education Amendments of 1972 prohibits discrimination based on sex in education programs and activities that receive federal financial assistance from the U.S. Department of Education. The following are some examples of discrimination that are prohibited under Title IX; discrimination based on race, color, national origin, sex, disability, age, sexual harassment, the failure to provide equal opportunity in athletics, and discrimination based on pregnancy. Title IX prohibits retaliation for filing an OCR complaint or for advocating for a right protected by Title IX. Title IX also prohibits employment discrimination, but employment discrimination complaints filed with Office for Civil Rights (OCR) are generally referred to the Equal Employment Opportunity Commission.

Family and Medical Leave Act (FMLA) of 1993

The Family and Medical Leave Act of 1993 (FMLA) allows “eligible” employees of a covered employer to take job-protected, unpaid leave, or to substitute appropriate paid leave if the employee has earned or accrued it, for up to a total of 12 workweeks in any 12 months because of the birth of a child and to care for the newborn child, because of the placement of a child with the employee for adoption or foster care, because the employee is needed to care for a family member (child, spouse, or parent) with a serious health condition, or because the employee’s own serious health condition makes the employee unable to perform the functions of his or her job. In certain cases, this leave may be taken on an intermittent basis rather than all at once, or the employee may work a part-time schedule.

An employee on FMLA leave is also entitled to have health benefits maintained while on leave as if the employee had continued to work instead of taking the leave. If an employee was paying all or part of the premium payments prior to leave, the employee would continue to pay his or her share during the leave period. The employer may recover its share only if the employee does not return to work for a reason other than the serious health condition of the employee or the employee’s immediate family member, or another reason beyond the employee’s control.

An employee generally has a right to return to the same position or an equivalent position with equivalent pay, benefits and working conditions at the conclusion of the leave. The taking of FMLA leave cannot result in the loss of any benefit that accrued prior to the start of the leave.

The employer has a right to 30 days advance notice from the employee where practicable. In addition, the employer may require an employee to submit certification from a health care provider to substantiate that the leave is due to the serious health condition of the employee or the employee’s immediate family member. Failure to comply with these requirements may result in a delay in the start of FMLA leave. Pursuant to a uniformly applied policy, the employer may also require that an employee present a certification of fitness to return to work when the absence was caused by the employee’s serious health condition. The employer may delay restoring the employee to employment without such certificate relating to the health condition which caused the employee’s absence. See, Family and Medical Leave Act.