For many contractors, the self-identification requirements for protected veterans have been confusing since the revision of VEVRAA in September 2013, and especially since the VETS reporting requirements changed in September 2014. Let’s recap what brought us to this point:
- Revised VEVRAA regulations require pre- and post-offer solicitation of protected veteran status. The regulations include recommended sample forms which differ for the pre- and post-offer requests. The post-offer form recommends collecting self-id information for specific protected veteran categories.
- The new VETS-4212 report only requires the reporting of overall employee counts of protected veterans; removing the need to report on specific protected veteran categories.
- In light of the VETS-4212 report, OFCCP released an FAQ stating that contractors could choose to stop requesting individual protected categories post-offer.
- This conflicted with information needed to accurately report to VETS (i.e., if someone is only protected because they are recently separated, continuing to count them past 3 years from their discharge date is inaccurate; see this blog for more detail).
- Contractors were left unsure what form was in compliance for post-offer invitations.
Since our previous blog, we have received informal clarification from VETS that contractors will not be expected to collect information about a discharge date (or status as “Recently Separated”), even though that may mean over-reporting counts in the annual VETS report.
The bottom line is that contractors have options when developing the post-offer invitation to self-identify. There is no requirement to make changes at this time; however, the form can be altered at the discretion of the contractor. The table below outlines the basic options for the post-offer form.
|
Thoroughness of Form |
Example Descriptions |
| Minimal Information to Request |
1. Yes, I identify as one or more of the categories of protected veteran listed above |
| Minimal Information to Request + Recently Separated date |
1. Yes, I identify as one or more of the categories of protected veteran listed above |
| Specific Categories + Recently Separated date | 1. Disabled Veteran 2. Recently Separated Veteran - Discharge date: ____ 3. Active Wartime Or Campaign Badge Veteran 4. Armed Forces Service Medal Veteran 5. I am a protected veteran, but I choose not to self-identify the classifications to which I belong. 6. I am NOT a protected veteran. 7. I choose to not self-identify as a protected veteran. |
As a reminder, the regulations do require certain information be included in the text of the form, regardless of the self-id categories, as follows:
- A statement that the Federal contractor is required to take affirmative action to employ and advance in employment protected veterans pursuant to VEVRAA;
- Summarize relevant portions of VEVRAA (including the names and definitions of the protected categories) and the company’s AAP;
- A statement that the information request is voluntary and refusal will not subject the applicant to adverse treatment.
By Kristen Pryor, Associate Consultant and Amanda Shapiro, Senior Consultant at DCI Consulting Group
