The Federal Contractor Program has
created an additional category of veterans called "Newly Separated
Veterans", defined as any veteran who served on active duty in the
U.S. military, ground, naval or air service during the one-year period
beginning on the date of such veteran's discharge or release from active duty.
This regulation affects federal contractors and subcontractors with
contracts or subcontracts for $25,000 or more during the prior calendar year.
Covered employers must complete the VETS-100 Report that lists the number of
veteran employees by category and the number of new hires. For the "Number
of Employees" employers can pick any pay period during the third quarter
(July through September) of the reporting year. For "New Hires"
employers must use the 12-month period prior to the pay period used to report
Number of Employees. Contractors that have obtained written approval from the
Equal Employment Opportunity Commission (EEOC) to file the EEO-1 Report at the
end of the calendar year (December 31) may use December 31 for filing the
VETS-100 Report.
Other Definitions
Veteran of the Vietnam-era means a person who: (1) Served in the
military, ground, naval or air service of the United States on active duty for
a period of more than 180 days, and was discharged or released therefrom with
other than a dishonorable discharge, if any part of such active duty occurred:
(I) in the Republic of Vietnam between February 28, 1961, and May 7, 1975; or
(II) between August 5, 1964 and May 7, 1975 in all other cases; or (2) Was
discharged or released from active duty for a service connected disability if
any part of such active duty was performed: (I) in the Republic of Vietnam
between February 28, 1961, and May 7, 1975; or (II) between August 5, 1964, and
May 7, 1975, in all other cases.
Special disabled veteran means: (1) A veteran who is entitled to
compensation (or who but for the receipt of military retired pay would be
entitled to compensation) under laws administered by the Department of Veterans
Affairs for a disability (i) rated at 30 percent of more, or (ii) rated at 10
or 20 percent if it has been determined that the individual has a serious
employment disability; or (2) A veteran who was discharged or released from
active duty because of a service-connected disability.
Other protected veteran is defined as a veteran who served in the
military, ground, naval or air service of the United States on active duty
during a war or in a campaign or expedition for which a campaign badge has been
authorized. A complete list of campaigns can be viewed at:
http://www.opm.gov/veterans/html/vgmedal2.htm
Additional Requirements
The Vets 100 report is part of a federal regulation that also requires federal
contractors and subcontractors to " take affirmative action to hire and
promote qualified special disabled veterans, veterans of the Vietnam-era and
any veterans who served on active duty during a war or in a campaign or
expedition for which a campaign badge has been authorized."
In addition, federal contractors and subcontractors are required to
immediately list all employment openings with the nearest State Job Service
office (also known as State Employment Service) and Workforce Development
Offices (in some States). This job-listing requirement applies to all job
openings with the exception of executive or top management jobs, positions
filled from within the organization, and jobs lasting 3 days or less. This
includes agreements to lease workers from "Temp Agencies." The
job-listing requirement may also be satisfied by posting the job on America's
Job Bank through the Web site listed below. Qualified special disabled
veterans, veterans of the Vietnam-era and any veterans who served on active
duty during a war or in a campaign or expedition for which a campaign badge has
been authorized are given priority by the Job Service for referral to the
Federal contractor and subcontractor job openings. The priority referral does
not obligate an employer to hire any Job Service referrals.
More information on the Vets 100 reporting requirements are available on the
U.S. Department of Labor web site:
http://www.dol.gov/vets/contractor/main.htm
