On April 26, 2011, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (“OFCCP”) published for public comment proposed regulations enhancing veteran affirmative action obligations for federal contractors and subcontractors. The extended public comment period ended yesterday, July 11, 2010.
The Proposed Regulations revise regulations implementing Section 4212 of the Vietnam Era Veterans’ Readjustment Assistance Act of 1974. The current regulations protect covered veterans by protecting them from discrimination, and by requiring federal contractors and subcontractors to maintain an affirmative action plan. They also require federal contractors and subcontractors to engage in general outreach efforts to increase employment of veterans, and to provide job applicants and new hires an opportunity to voluntarily identify themselves as a covered veteran.
The proposed regulations add to and create additional obligations for federal contractors and subcontractors. The proposed regulations, among other things, drastically increase data collection and retention obligations, require contractors and subcontractors to develop yearly hiring benchmarks for protected veterans by engaging in a multi-factor analysis studying the contractor’s or subcontractor’s workforce as well as the applicable civilian labor force, mandate that contractors and subcontractors engage in at least three outreach efforts each year for protected-veteran applicants, modify the current protocol for the self-identification process, and require contractors and subcontractors to provide the state employment service their job openings as well as additional information.
The OFCCP will likely issue final regulations within the next few months. Although it is possible that public comment will persuade the OFCCP to lessen the burden presented by the proposed regulations, drastic revisions to the proposed regulations is highly unlikely.
Stay tuned for more information.