By Cynthia L. Hackerott, J.D.
The VETS-4212 reporting cycle for 2015 is now open, and the filing deadline for the reports is September 30. Filing information is available on the DOL’s Veterans’ Employment and Training Service (VETS) website.
The Vietnam Era Veterans’ Readjustment Assistance Act of 1974 (VEVRAA), 38 USC Section 4212(d), requires federal contractors and subcontractors subject to the Act’s affirmative action provisions in 38 USC Section 4212(a) to track and report annually to the Secretary of Labor the number of employees in their workforces, by job category and hiring location, who belong to the specified categories of veterans protected under the statute. Generally, the reporting cycle begins annually on or around August 1 and ends September 30.
Practical Impact. According to Kaleigh Ferraro, CAI's Manager of Affirmation Action Services, contractors will probably see a decrease in the number of veterans they report because they no longer will be able to double count veterans that are in more than one of the classifications. Also contractors can opt only to report on the total number of hires and hired veterans rather than breaking these counts out by EEO-1 categories.
Regulatory changes. The reporting form for this requirement is administered by VETS. Previously, the required forms were the VETS-100 and VETS-100A forms, depending on the dollar amount of the relevant government contracts and whether those contracts were entered into on or after December 1, 2003. The two forms had been necessary due to significant changes to VEVRAA made by the Jobs for Veterans Act of 2002 (JVA) that apply to contracts entered into on or after December 1, 2003.
In the September 25, 2014 edition of the Federal Register, VETS published a final rule (effective October 27, 2014) amending its regulations at 41 CFR Part 61-300 which set forth the 38 USC Section 4212 reporting obligations of federal contractors (79 FR 57463-57476). The final rule rescinded the agency’s regulations at 41 CFR Part 60-250 which had established the VETS-100 reporting obligation and revised the regulations at 41 CFR Part 61-300 which required the VETS-100A report.
VETS rescinded the regulations at Part 60-250 because they were obsolete. Contracts subject to the pre-JVA standards no longer exist, either because they have been modified, rendering them subject to the JVA standards, or have since ended, VETS noted in the preamble to the final rule, explaining that the Federal Acquisition Regulations (FAR) generally limit the length of government contracts to a maximum period of five years.
The final rule revised the Part 60-300 regulation to require contractors and subcontractors to report the specified information for protected veterans in the aggregate rather than for each of the categories of veterans protected under the statute. It also: (1) renamed the required annual report, “Federal Contractor Veterans' Employment Report VETS-4212”, (2) revised the definitions of some terms used in the regulations; (3) revised the text of the reporting requirements clause included in government contracts and subcontracts, and (4) revised the methods of filing to allow for electronic filing.
Form approval. On November 19, 2014, the Office of Management and Budget (OMB) approved the VETS-4212 form for use through November 30, 2017. On July 28, 2015, VETS sought approval of a non-material change to the VETS-4212 form because the contractor responsible for receiving the report form changed their physical address and VETS updated its web addresses and email information. Also, VETS requested approval to discontinue the VETS-100A form because it has been replaced by the VETS-4212 form, and therefore, no longer has practical utility for the agency. The OMB approved this request the following day. 2015 is the first year of implementation for the VETS-4212 form.
If you have any questions about the new form please reach out to our Advice and Resolution team.
This article was provided by CAI partner CCH. CAI provides members an extensive online HR research tool powered by CCH. On the CCH site you'll find a wealth of HR information, samples,and toolkits as well as a state by state law comparison tool and job description creator. You can also receive daily news from CCH as well as have the system email you when things you care about, for example particular state laws, change. Click here to use the CCH resource.
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