Federal contractors or subcontractors and veteran employment

Workers

I was treated unfairly by my employer, who is a federal contractor or subcontractor, because of my status as a protected veteran

You have certain employment protections as a protected veteran.

Certain categories of veterans who are employees of or applicants to covered federal contractors or subcontractors have specific protections under the Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA). A veteran is considered a “protected veteran” under VEVRAA if he or she is a: disabled veteran; recently separated veteran; active duty wartime or campaign badge veteran; or Armed Forces service medal veteran.

Under VEVRAA, certain federal contractors and subcontractors must take proactive steps to recruit, hire, retain, and promote protected veterans. It’s illegal for these employers to discriminate against you when making employment decisions related to firing, pay, benefits, job assignments, layoffs, training, and other employment-related activities.

These protections provided by VEVRAA are in addition to the broad anti-discrimination protections already provided under the Uniformed Services Employment and Reemployment Rights Act (USERRA) to any past, present, or future service member, and the reemployment rights provided to eligible service members.

You have the right to file a complaint and participate in an employment discrimination investigation without being retaliated against by your employer.

Learn about filing a complaint with the Office of Federal Contract Compliance Programs (OFCCP)

Employers

Do federal contractors and subcontractors have specific responsibilities related to veteran employment?

You have the responsibility to treat protected veterans fairly.

Veterans are a ready source of qualified, committed job candidates with transferable skills proven in real world situations. The leadership skills and work ethic associated with military service are the hallmarks of good employees. In fact, studies have shown that veterans have higher than average rates of productivity and retention. Employers who recognize the value military service brings to the workplace and take proactive steps to hire veterans can also achieve a more successful workforce.

Along with rights and remedies they may have under the Uniformed Services Employment and Reemployment Rights Act (USERRA), some veterans who are employees of or applicants for jobs at covered federal contractors or subcontractors may be entitled to additional protections under the Vietnam Era Veterans’ Readjustment Assistance Act of 1974 (VEVRAA). A veteran is considered a “protected veteran” if they fall into one or more of the following categories: disabled veteran; recently separated veteran; active duty wartime or campaign badge veteran; or Armed Forces service medal veteran.

VEVRAA also requires covered federal contractors and subcontractors to establish hiring benchmarks and take proactive steps to recruit, hire, retain, and promote protected veterans. It’s illegal for you to discriminate against these employees when making employment decisions related to hiring, firing, pay, benefits, job assignments, layoffs, training, and other employment-related activities.

Covered federal contractors and subcontractors have certain requirements related to their nondiscrimination obligations and, if applicable, additional responsibilities regarding protected veterans. These requirements may include (in addition to maintaining basic personnel and employment records) adding an equal opportunity clause into covered contracts and subcontracts, developing a written program, and analyzing application and hiring data for protected veterans. This data is generally collected through invitations to applicants and employees to voluntarily self-identify as a protected veteran.

By statute, VEVRAA provides for a prompt investigation of employment discrimination complaints based on protected veteran status. See 38 U.S.C. § 4212(b). Employees and applicants of covered contractors, third parties, and authorized representatives (e.g., a family member, personal representative, or union representative) may file a complaint with OFCCP on behalf of an individual or group.

Even if you’re not a federal contractor or subcontractor, you’re generally prohibited from discriminating against employees based on their protected veteran or service member status. It’s not always obvious when a situation can be considered discrimination under the law. It’s in your best interest as an employer to familiarize yourself with these laws and contact the Federal Government if you have questions.

In addition to VEVRAA, OFCCP oversees and enforces Section 503 of the Rehabilitation Act of 1973 (Section 503), a law prohibiting federal contractors and subcontractors for discriminating based on disability status.

Learn about OFCCP

Additional Resources

Questions? We’re here to help

We are committed to helping you understand. Many questions may be answered by using the following elaws (Employment Laws Assistance for Workers and Small Businesses) Advisors:

Uniformed Services Employment and Reemployment Rights Act (USERRA) Advisor

The Office of Federal Contract Compliance Programs (OFCCP) investigates complaints alleging discrimination based on protected veteran status, including disabled veterans.

e-VETS Resource Advisor

For additional assistance, please contact:

OFCCP: 1-800-397-6251 or the OFCCP Help Desk. If you are deaf, hard of hearing, or have a speech disability, please dial 7-1-1 to access telecommunications relay services.

VETS: 1-866-4-USA-DOL or your local VETS office

U.S. Department of Labor National Contact Center: 1-866-4-USA-DOL; 1-866-487-2365

If you feel you have been discriminated against because of your status as a veteran or service member or because you have attempted to enforce your rights, or someone else’s rights, as a veteran or service member, you have the right to file a complaint and participate in an investigation without being retaliated against by an employer.

Need more information?

The elaws (Employment Laws Assistance for Workers and Small Businesses) Advisors are a set of online tools developed by the U.S. Department of Labor to help employees and employers understand their rights and responsibilities under federal employment laws.