OFCCP Delays Implementation of JVA Self-Identification Requirement

New FAQ Posted to the DOL OFCCP Website:

When should Federal contractors covered by the Jobs for Veterans' Act (JVA) regulations begin inviting applicants to self-identify using the new categories of protected veterans?

Contractors covered by the part 60-300 rule should begin using the new categories of protected veterans in their invitation to self-identify as soon as possible. OFCCP understands that many contractors have begun to take significant steps to develop and implement new data systems for extending to all applicants an invitation to self-identify as a veteran who may be covered under the JVA. Some contractors have delayed implementation due to the pending release of a DOL Veterans’ Employment and Training Service (VETS) final rule implementing the JVA amendments to the reporting requirements under VEVRAA. VETS has proposed to adopt a separate form for reporting information about the hiring and employment of veterans who belong to the categories protected under the JVA amendments and call it the Federal Contractor Veterans’ Employment Report VETS-100A (VETS-100A Report). A copy of the VETS proposed rule is available at http://www.dol.gov/vets/regs/fedreg/proposed/2006006759.pdf
Accordingly, until the effective date of a final rule implementing the JVA amendments to the reporting requirements under VEVRAA, as a matter of enforcement discretion, OFCCP will not cite a contractor for non-compliance solely because it has not began inviting applicants to identify as a protected veteran using the new categories of protected veterans found in part 60-300..
All contractors, regardless of whether they are covered by the part 60-250 or the part 60-300 regulations, should at a minimum continue to comply with the existing requirement to provide an invitation to self-identify found at 41 CFR 60-250.42. Furthermore, contractors subject to the new part 60-300 regulations are free to begin inviting applicants to self-identify using the new categories of protected veterans in part 60-300 before the effective date of the VETS rule if they wish. OFCCP commends efforts by contractors to collect and use the data from protected veterans covered under the new JVA requirements.
Regardless of whether a contractor is inviting applicants to self-identify using the categories of protected veterans under part 60-300, OFCCP expects that contractors subject to part 60-300 will continue to fulfill their non-discrimination and affirmative action obligations with respect to all protected veterans. OFCCP will continue to examine a contractor’s overall good faith efforts with respect to protected veterans, as well as its compliance with recordkeeping, nondiscrimination or affirmative action requirements. http://www.dol.gov/esa/regs/compliance/ofccp/faqs/jvafaqs.htm#Q3