Understanding the Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA)

Service for veterans.

The Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA) of 1974 is a federal law that aims to protect veterans from employment discrimination and ensure equal opportunities in the workforce. This act is especially relevant today, as it protects not only Vietnam-era veterans but also a range of other veterans who served in the U.S. armed forces.

Who Qualifies as a Protected Veteran Under VEVRAA?

VEVRAA safeguards veterans who fall into specific categories, each with unique qualifications for protection against employment discrimination. The primary categories include:

  1. Disabled Veterans

    • Veterans who are entitled to receive compensation for a service-connected disability.

    • Veterans who would be entitled to compensation if they were not receiving military retired pay.

  2. Recently Separated Veterans

    • Veterans who were discharged or released from active duty within the last three years.

  3. Active Duty Wartime or Campaign Badge Veterans

    • Veterans who served on active duty during a war or in a campaign or expedition for which a campaign badge was authorized. This includes major U.S. military operations that may have occurred after the Vietnam War.

  4. Armed Forces Service Medal Veterans

    • Veterans who participated in a U.S. military operation for which they received an Armed Forces service medal, honoring significant contributions during specific military operations.

VEVRAA’s Impact on Employment and Hiring Practices

VEVRAA mandates that employers, especially federal contractors and subcontractors, take proactive steps to ensure fair treatment for protected veterans. Here’s how it affects hiring and workplace practices:

  • Affirmative Action: VEVRAA requires federal contractors and subcontractors to develop affirmative action programs aimed at recruiting, hiring, promoting, and retaining protected veterans. This means actively working to increase veteran representation in their workforce.

  • Prohibition Against Discrimination: Employers cannot discriminate against protected veterans in any aspect of employment, including hiring, promotions, training, benefits, and compensation.

  • Anti-Retaliation: Employers are prohibited from retaliating against protected veterans who file complaints or assert their rights under VEVRAA. Veterans who believe they have been discriminated against can report their concerns without fear of repercussions.

VEVRAA Compliance Requirements for Employers

Employers who are federal contractors or subcontractors are required to meet specific compliance obligations under VEVRAA, which include:

  • Job Listings: Federal contractors must list all job openings with state employment services, ensuring that veterans have access to job opportunities.

  • Annual Reporting: Federal contractors are also required to report annually on their employment of protected veterans. This helps monitor compliance and ensures that employers are making a genuine effort to support veteran hiring.

  • Recordkeeping: Employers must keep records of their affirmative action initiatives, including recruitment and hiring practices, to demonstrate compliance with VEVRAA. This accountability measure helps ensure that companies are taking concrete steps to support veterans.

Why VEVRAA Matters: Real-World Impact and Legal Recourse for Veterans

VEVRAA plays a crucial role in leveling the playing field for veterans transitioning to civilian life. The protections it offers are vital to preventing bias against veterans, particularly those with disabilities or who have faced unique challenges related to their service. For example:

Affirmative Action Success:

  • A recent study found that companies with robust affirmative action programs for veterans saw increased rates of veteran employment and retention, indicating that VEVRAA compliance can have tangible benefits for veterans in the workforce.

  • Veterans who believe they have been discriminated against under VEVRAA can file complaints with the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP). This provides a pathway for veterans to seek justice if they face discrimination or retaliation.

Real-Life Cases Involving the Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA)

VEVRAA has been a powerful tool in protecting veterans’ rights in the workplace, and over the years, it has played a role in several significant cases where veterans faced employment discrimination. Here are a few real-life cases that highlight how VEVRAA was used to seek justice for veterans facing workplace discrimination or unfair treatment:

  1. Case of Discriminatory Hiring Practices – OFCCP vs. Leprino Foods Co.
    In 2019, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) filed a complaint against Leprino Foods Co., a federal contractor, for discriminatory hiring practices. The OFCCP alleged that Leprino Foods had discriminated against qualified veterans in their hiring process, which violated VEVRAA’s mandates. The case led to a settlement in which Leprino Foods agreed to revise its hiring practices to ensure they were fair and inclusive for veterans, implementing training programs and corrective measures to align with VEVRAA requirements.

  2. Failure to Provide Equal Employment Opportunities – OFCCP vs. Cargill Meat Solutions
    In 2015, Cargill Meat Solutions, another federal contractor, was found to be in violation of VEVRAA for failing to provide equal employment opportunities to veterans. OFCCP’s investigation revealed that Cargill’s hiring process had systematically excluded veterans, especially disabled veterans, from employment consideration. The company entered into a conciliation agreement with the OFCCP, agreeing to pay nearly $2 million in back pay and interest to affected veterans and to take corrective action in its recruitment and hiring practices to ensure VEVRAA compliance.

  3. Protected Veteran Retaliation Case – OFCCP vs. ManTech Advanced Systems International, Inc.
    A recent case involving ManTech Advanced Systems International, Inc., a defense contractor, demonstrated VEVRAA’s role in protecting veterans from retaliation. The case involved a veteran employee who was terminated after filing a complaint about discriminatory treatment. Under VEVRAA, the OFCCP intervened, and after an investigation, it was determined that the veteran’s complaint was justified. ManTech was required to reinstate the employee, pay lost wages, and implement anti-retaliation policies to protect veteran employees who assert their rights under VEVRAA.

  4. Case Involving Affirmative Action Violations – OFCCP vs. General Motors (GM)
    General Motors was investigated by the OFCCP after allegations surfaced that the company was not meeting its affirmative action obligations under VEVRAA. The investigation revealed that GM had failed to make good-faith efforts to recruit, hire, and retain protected veterans, as required by the act. GM entered into a compliance agreement with the OFCCP, committing to establish more veteran-friendly recruiting practices, provide better training for hiring managers, and actively work to include veterans in their workforce.

Frequently Asked Questions (FAQs) About VEVRAA

1. What protections does VEVRAA offer to veterans?
VEVRAA provides protections against employment discrimination for eligible veterans, mandates affirmative action in hiring, and prohibits retaliation against veterans who file complaints.

2. How does a veteran know if they qualify as a protected veteran?
Protected veterans fall into specific categories, including disabled veterans, recently separated veterans, active duty wartime or campaign badge veterans, and Armed Forces service medal veterans.

3. What actions can veterans take if they experience discrimination under VEVRAA?
Veterans can file a complaint with the OFCCP if they believe they have experienced discrimination. The OFCCP investigates complaints and enforces compliance with VEVRAA.

4. Does VEVRAA apply to all employers?
VEVRAA primarily applies to federal contractors and subcontractors, who are required to develop affirmative action programs and list job openings for veterans through state employment services.

For veterans navigating the challenges of employment post-service, VEVRAA offers crucial protections and a pathway to fair treatment in the workforce.

If you are a veteran facing employment discrimination or have questions about your rights under VEVRAA, reach out to Bourassa Law Group for support and guidance. Our team is dedicated to helping veterans understand and assert their rights under the law.

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