The Vietnam Era Veterans' Readjustment Assistance Act (VEVRAA) requires covered federal government contractors and subcontractors to take affirmative action to employ and advance in employment specified categories of veterans protected by the Act and prohibits discrimination against such veterans. In addition, VEVRAA requires contractors and subcontractors to list their employment openings with the appropriate employment service delivery system, and that covered veterans receive priority in referral to such openings. Further, VEVRAA requires federal contractors and subcontractors to compile and submit annually a report on the number of current employees who are covered veterans. The affirmative action and mandatory job-listing provisions of VEVRAA are enforced by the Employment Standards Administration's Office of Federal Contract Compliance Programs (OFCCP) within the U.S. Department of Labor (DOL). DOL’s Veterans’ Employment and Training Service (VETS) administers the veterans’ employment reporting requirement.
The law requires that employers with Federal contracts or subcontracts of $25,000 or more provide equal opportunity and affirmative action for Vietnam era veterans, special disabled veterans, and veterans who served on active duty during a war or in a campaign or expedition for which a campaign badge has been authorized.
A Vietnam-era veteran is a person who
served on active duty for a period of more than 180 days, any part of which occurred between August 5, 1964 and May 7, 1975, and was discharged or released with other than a dishonorable discharge;
was discharged or released from active duty for a service connected disability if any part of such active duty was performed between August 5, 1964 and May 7, 1975; or
served on active duty for more than 180 days and served in the Republic of Vietnam between February 28, 1961 and May 7, 1975.
A special disabled veteran is a person who is entitled to compensation under laws administered by the VA for a disability rated at 30 percent or more; or rated at 10 or 20 percent, if it has been determined that the individual has a serious employment disability; or a person who was discharged or released from active duty because of a service-connected disability.
As a part of affirmative action, federal contractors and subcontractors are required to list with the local state employment service all employment openings except for executive and top management jobs; jobs which the contractor expects to fill from within; and jobs lasting 3 days or less.
If a covered veteran believes he/she has been discriminated against by a federal contractor or subcontractor, he or she may file a complaint. Complaints may be filed with the Office of Federal Contract Compliance Programs (OFCCP) or through the local Veteran's Employment Representative at a local state employment service office.
If any covered veteran believes a contractor of the United States has failed to comply or refuses to comply with contract provisions relating to the employment of veterans, the veteran may file a complaint with the OFCCP.
For more information about VEVRAA, go to https://www.dol.gov/ofccp/regs/compliance/vevraa.htm or call (866) 487-2365 or (800) 397-6251. To locate the district or area office, go to www.dol.gov/ofccp/contacts/ofnation2.htm#California.
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