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In this Issue
- Yet More Changes Wrought By The 2002 Jobs For Veterans Act?
- OMB Reviewing Rules on Ethnicity Reporting
To coordinate with the revised categories of covered veterans in the 2002 Jobs for Veterans Act, the Veterans’ Employment and Training Service has proposed a new reporting requirement for federal contractors and subcontractors. The Service is seeking public comment concerning the proposed VETS-100A Report through December 3.
Who Would Be Required to File the VETS-100A?
If the proposed rule is adopted, companies with government contracts or subcontracts valued at $100,000 or more that were entered into or modified on or after December 1, 2003, will be required to file the new VETS-100A beginning in September 2008. Companies with contracts or subcontracts valued at $25,000 or more that were entered into before December 1, 2003, would continue to file the standard VETS-100 form.
NOTE: Companies who hold contracts entered into before and after December 1, 2003, that meet the applicable monetary threshold, would be required to file both a VETS-100 and a VETS-100A report.
VETS-100 versus VETS-100A: What’s the Difference?
The forms differ in two significant respects: (1) with respect to the categories of veterans who are covered; and (2) with respect to the total numbers requested.
Categories of veterans covered. The categories of veterans applicable to the VETS-100 are (1) Qualified Special Disabled Veterans; (2) Vietnam-era Veterans; (3) Other Protected Veterans; and (4) Recently Separated Veterans (one year after discharge or release from active duty).
The VETS-100A requires information regarding only the categories of covered veterans included in the JVA amendments: (1) Disabled Veterans; (2) Other Protected Veterans; (3) Armed Forces Service Medal Veterans; and (4) Recently Separated Veterans (three years after discharge or release from active duty).
Total numbers requested. The VETS-100 asks for the total number of employees by designated veteran category. The proposed VETS-100A asks for the same information with respect to its categories but also asks for the total number of employees at the facility – both veterans and non-veterans.
What Should a Federal Contractor Do?
- Companies with any federal contracts are well advised to review all government contracts to determine whether they are obligated to file the VETS-100, the VETS-100A, or both.
- Contractors should also review their post-offer invitations to self-identify veteran status to ensure that the invitations reflect the proper categories of veterans, depending on the date(s) of their government contracts and subcontracts.
Where Can I Get Copies of the VETS-100 and the VETS-100A?
The Office of Management and Budget has announced it is reviewing a proposed amendment to the regulations of the Office of Federal Contract Compliance Programs in light of the revised EEO-1 Report. If adopted, the new rule would incorporate into affirmative action plan development the new EEO and racial/ethnic categories used in the September 2007 EEO-1 reports.
If you have a question about these or other topics related to affirmative action plan development or compliance, please contact a member of Constangy’s Affirmative Action Practice Group or the Constangy attorney of your choice.
Lisa Schwarzkopf is an affirmative action specialist in Constangy’s Kansas City, MO, Office.