On December 28, 2007, OFCCP clarified its enforcement of the self-identification requirements of its regulation implementing the Jobs for Veterans’ Act (JVA) amendments to the affirmative action provisions of the Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA). The new rule, which became effective September 7, 2007, included a requirement for contractors to invite applicants to self-identify as a protected veteran.
OFCCP has announced that in light of the fact that the Department of Labor’s Veterans Employment & Training Service (VETS) has not yet finalized its revisions to the reporting requirements under VEVRAA (i.e. VETS 100 and proposed VETS 100A), OFCCP has decided that, until the effective date of the VETS final rule implementing the VETS 100 and VETS 100-A changes, as a matter of enforcement discretion, OFCCP will not cite a contractor for non-compliance solely because it has not begun inviting applicants to self-identify as a protected veteran using the new categories of protected veterans found in part 60-300 of the new rule.
OFCCP has posted a new FAQ on its external website explaining this change.
by Patricia Schaeffer, Vice President-Regulatory Affairs