The Catholic University of America

Summary of Federal Laws

Employment

Equal Employment Opportunity

The Veterans' Readjustment Benefits Act (amended by the Vietnam Era Veterans' Readjustment Assistance Act of 1974 and the Veterans Employment Opportunities Act of 1998)

38 U.S.C. § 4211 et seq.; 41 C.F.R. Parts 60-300 et seq., and 48 C.F.R. § 52.222-35.

The Law: Requires postsecondary institutions with federal contracts of $100,000 or more to implement an affirmative action program for the following categories of veterans: Disabled Veteran, Qualified Disabled Veteran, Other Protected Veteran, Recently Separated Veteran, and Armed Forces Service Medal Veteran. Said program is not necessarily limited to employment connected with the federal contract. Provides reemployment rights.

Actions Necessary:

  • Written affirmative action plan. For government contracts of $100,000 or more and 50 or more employees, a written affirmative action plan is required.

  • Job postings. The employer must list employment openings with the appropriate employment service where each job opening occurs. The regulations indicate that this may be accomplished by listing the job opening with the applicable state workforce agency job bank or the local employment service delivery system in which the opening occurs (e.g., D.C. Department of Employment Services). Posting with America's Job Bank is no longer sufficient. As before, covered employers are not required to post executive or senior management jobs, or temporary jobs lasting three day or less.

  • Filing. Annual reports to the Office of the Assistant Secretary for Veterans' Employment and Training (OASVET) on compliance and the number of veterans hired, total veterans in the work force, and total number of new employees. The form used is Federal Contractor Veterans' Employment Report (VETS-4212) The form must be submitted by September 30 of each year.

  • Recordkeeping. A two-year retention period for any personnel or employment record made or kept by the contractor is applicable to any contractor with 150 or more employees and a government contract of $150,000 or more. This is in accord with the record retention requirements under Section 503 of the Rehabilitation Act of 1973, and Title VII.

    Outreach. Development of recruitment program and literature required, and posting of notice of the law is required.

    Final Rule, Affirmative Action and Nondiscrimination Obligations of Contractors and Subcontractors Regarding Special Disabled Veterans, Veterans of the Vietnam Era, Disabled Veterans, Recently Separated Veterans, Active Duty Wartime or Campaign Badge Veterans, and Armed Forces Service Medal Veteran, 78 Fed. Reg. 58613, Sept. 24, 2013, Office of Federal Contract Compliance Programs.

This final rule strengthens several provisions that are intended to aid in recruitment and hiring efforts, such as clarifying the mandatory job listing requirements, requiring data collection pertaining to protected veteran applicants and hires, and establishing hiring benchmarks to assist in measuring the effectiveness of their affirmative action efforts. See the Department of Labor one page summary along with a Q & A

 

  Resources
 

 Toolkit for Veteran Friendly Institutions: Created by the American Council on Education to help IHEs build effective programs for vets.

 

updated 8-23-18 mlo