Vietnam Era Veterans’ Readjustment Assistance Act (1974)
10 July 2006Vietnam Era Veterans’ Readjustment Assistance Act (1974)
(as amended by the Veterans’ Compensation, Education, and Employment Amendments of 1982, the Veterans’ Employment Opportunities Act of 1998, and the Jobs for Veterans Act of 2002)
38 U.S.C. §§4211, 4212
Coverage and Prohibition: Employers that have federal contracts of $100,000 or more must include in the contract a provision requiring them to take affirmative action to employ and promote qualified disabled veterans; veterans who served on active duty during a war or in a campaign or expedition for which a campaign badge has been authorized; veterans who, while serving on active duty, participated in a U.S. military operation for which a service medal was awarded; and recently separated veterans. Covered contractors also must list most employment openings with an appropriate local employment service office of the federal/state employment service system. In addition, each covered contractor must report annually to the Secretary of Labor certain data concerning the number of employees and covered veterans in its workforce. Regulations implementing the Act require that employers with contracts of $50,000 or more and who have 50 or more employees have written affirmative action plans.
Enforcement: The Act is administered by the Office of Federal Contract Compliance Programs (“OFCCP”).
Remedies: The contracting agency is permitted to withhold progress payments of noncomplying contractors. Further, the contract may be terminated or suspended and the OFCCP may declare the employer ineligible to compete for future contracts. The OFCCP also may seek judicial enforcement of the contract clause requiring affirmative action.
20:14
Related Regulations:
OFCCP: Obligations of Contractors and Subcontractors, 41 C.F.R. Part §60-1.
OFCCP: Affirmative Action and Nondiscrimination Obligations of Contractors and Subcontractors for Veterans, 41 C.F.R. Part 60-250.
OFCCP: Affirmative Action and Nondiscrimination Obligations of Contractors and Subcontractors for Individuals with Disabilities, 41 C.F.R. Part 60-741.
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