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02.02.2015 Newsletters Doerner

The Employer’s Legal Resource: OFCCP Updates Guidance Regarding Federal Contractors’ Requirements to Invite Veterans to Self-Identify in Hiring Process

The OFCCP has added two new entries to its Frequently Asked Questions (FAQ) to address federal contractors’ obligations during the hiring process to extend invitations to workers to self-identify as protected veterans under the Vietnam Era Veterans’ Readjustment Assistance Act of 1974 (VEVRAA). The Veterans’ Employment and Training Services (VETS) recently revised the form for federal contractors to report on their employment of protected veterans, which revised form is known as the “VETS-4212” form. The new form requires federal contractors to report post-offer information for protected veterans in the aggregate rather than individually for each of the four categories of veterans protected under VEVRAA (as was previously required). Federal contractors are thus no longer obligated to invite post-offer self-identification by category in order to comply with VEVRAA; rather, they need only invite those offered a job to indicate whether they are protected veterans under any of the VEVRAA categories. Although federal contractors are no longer required to do so, they may continue to invite applicants to voluntarily self-identify as a protected veteran using the individual categories under VEVRAA as long as they also provide VETS with the aggregate data required by the VETS-4212 form. For more information, the updated FAQs are available on the Department of Labor’s website.

By Rebecca D. Stanglein, rstanglein@dsda.com

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