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Post-Offer Invitation to Self-ID as a Veteran Guidance

2014-12-12

This press release addresses the post-offer self-identification forms.  It is very important material to read, consider and implement.

History
The revisions to the Veterans Act (VEVRAA, now renamed 4212) required different pre-and-post offer invitation to self-identify forms.  The pre-offer forms required that the applicant be invited to self-identify as one of the following:  (1) protected veteran, (2) not a protected veteran, or (3) do not want to self-identify.  The post-offer forms required that the applicant self-identify in the manner required by 41 § CFR Part 61-300, which refers to the VETS100A report.  Specifically, it required that the post-offer (but pre-employment) form invite employees to identify as either: (1) belonging to one or more of the specific four protected veteran categories, (2) not a protected veteran, or (3) do not want to self-identify.

What has changed?
The VETS100A report has been rescinded and replaced with the VETS-4212 form, due for submission in August or September 2015.  The new form only requires the contractor to report, by EEO-1 category, on employees and hires that are protected veterans.  You are no longer required to report on the specific veteran category.

How does this change affect the post-offer veteran invitation to self-identify form?
We have been informed that Patricia Shiu, Director of OFCCP, feels that the regulations clearly articulate that the post-offer invitation is directly associated with the submission of the VETS-4212 report.  She has been told that not all contractors feel that this is clear and subsequently it has been communicated that OFCCP is publishing a FAQ shortly to provide guidance.

What does this mean for you going forward?
You have options for your post-offer invitation to self-identify for veteran status. 

1. You can continue to ask for your employee’s to identify their specific veteran category and make no change.  Since one of the veteran’s categories is “recently separated veterans” and only applies to veterans who were released in the past three years, eventually these veterans will fall out of their protected status.  Without knowing which employees are recently separated, you will not be able to change their status, which is not necessarily a bad thing!
2. You can continue to ask for your employee’s to identify their specific veteran category until OFCCP officially comes out with the FAQ.
3. You can discontinue asking employees (post-offer, pre-employment) to identify their specific veteran category and use the same form for pre-and-post offer.*
The pre-and-post invitation to self-identify form asks both applicants and employees to self-identify their race, gender, and veteran status. * If you have an Applicant Tracking System (ATS), your pre-and-post offer forms may be the same.  If you use an electronic version of the pre-offer self-identification form, then this form may be different because it asks the applicant to identify their referral source and the position for which they are applying. You are required to use the OFCCP mandated Invitation of a Disability form for pre-and-post offer invitations. 

Employee Surveys
Even though you are only legally obligated to survey for disability status, we continue to recommend that you survey for race, gender, veteran and disability status to ensure that your personnel data is updated and accurate.  You may use either of the post-offer self-identify forms for this purpose.

Disclaimer: The foregoing has been prepared for the general information of clients and friends of Workplace Dynamics LLC and is not being represented as being all-inclusive or complete. It has been abridged from legislation, administrative ruling, agency directives, and other information provided by the U.S. Department of Labor. It is not meant to provide legal advice with respect to any specific matter and should not be acted upon without professional counsel.