Dear Mr. Sumser:
Thank you for your e-mail of May 22, 2007, in which you asked the following
questions concerning the Jobs for Veterans Act (JVA) Final Rule: (1) when
will the new regulation be released (and are review copies in circulation);
and (2) will there be a transition period once the new regulations are
clear?
The Office of Federal Contract
Compliance Programs (OFCCP) administers and enforces three equal employment
opportunity mandates that apply to Federal contractors and subcontractors:
Executive Order 11246, as amended; Section 503 of the Rehabilitation Act of
1973, as amended; and the Vietnam Era Veterans' Readjustment Assistance Act
of 1974, as amended, 38 U.S.C. 4212. These mandates prohibit Federal
contractors and subcontractors from discriminating on the basis of race,
color, religion, sex, national origin, or status as a qualified individual
with a disability or protected veteran. OFCCP also shares responsibility
with the U.S. Equal Employment Opportunity Commission in enforcing Title I
of the Americans with Disabilities Act. In addition, OFCCP has
responsibility for monitoring federal contractors and subcontractors'
compliance with Executive Order 13201. Executive Order 13201 requires
Government contracts and subcontracts to include an employee notice clause
requiring non-exempt Federal contractors and subcontractors to post notices
informing their employees that they have certain rights related to union
membership and the use of union dues and fees under Federal law. Information
concerning Executive Order 13201 is available at
http://www.dol.gov/esa/regs/compliance/olms/EO13201_CA.htm .
In response to your first
question, the OFCCP Final Rule implementing the JVA, which will be published
under 41 CFR 60-300 regulations, is currently in the Department of Labor
clearance process. The target date for publication of the Final Rule is June
2007. You may check with our office periodically by phone or by e-mail for
updates. We will also post the Final Rule on the OFCCP web site after
publication in the Federal Register. To check the OFCCP web site, go to
http://www.dol.gov/esa/ofccp/index.htm . For your information, OFCCP
published a Notice of Proposed Rulemaking (NPRM) concerning JVA changes to
Vietnam Era Veterans' Readjustment Assistance Act of 1974 ("VEVRAA") on
January 20, 2006. A copy of the proposed rule is available on our web site
at
http://www.dol.gov/esa/regs/fedreg/proposed/2006000440.htm.
In response to your second question, in the past, on a case-by-case basis,
OFCCP has allowed contractors a reasonable transition period to develop new
Affirmative Action Programs that comply with regulatory changes. OFCCP will
most likely continue that practice when finalizing any changes to its
regulations required by the JVA revisions.
If you need more information
pertaining to OFCCP or any other issue related to federal contractors' equal
employment opportunity and affirmative action obligations, you can:
• visit OFCCP's website at
http://www.dol.gov/esa/ofccp/index.htm ;
• call OFCCP's toll free Help Desk at 1-800-397-6251; or
• contact an OFCCP District or Area office in your local area; a list of
offices by State is available on OFCCP's website at
http://www.dol.gov/esa/contacts/ofccp/ofnation2.htm .