Question: We are a federal contractor and maintain an Affirmative Action Plan and file annual employer EEO-1 Annual Reports. Can you tell us what reporting and records retention requirements there are for veterans, if any, that we should also be providing?
Answer: Your timing is great for this question, as the Department of Labor’s Veterans’ Employment and Training Services Division (VETS) has recently extended the deadline for applicable federal contractors to file their 2001 VETS 100/VETS 100A report from December 30, 2011 to January 15, 2012. As a federal contractor, you do have obligations for recordkeeping and reporting under the Vietnam Era Veterans Readjustment Assistance Act (or VEVRAA). VEVRAA requires employers with federal contracts or subcontracts worth certain amounts to take affirmative action to hire and promote certain categories of qualified veterans.
Employers must keep personnel records for two years after records were created or employment action taken, whichever date is later. Records for involuntarily terminated employees must be retained for two years after termination. You should keep records regarding the following employment-related activities: hiring, assignment, promotion, demotion, transfer, layoff, selection for training or apprenticeship, pay rates, compensation terms, termination, reasonable accommodation requests, job advertisements and postings, physical examination results, job applications and resumes, employment tests and test results, and interview notes.
Employers with 150 or fewer employees or federal contracts for less than $150,000 can retain records for just one year.
If employers fail to retain required records, OFCCP presumes the records were unfavorable to contractors, unless the records were lost or destroyed due to circumstances beyond their control.
Records of VEVRAA complaints and actions should be maintained until resolved.
Federal agencies cannot award contracts or disburse funds to contractors and subcontractors that fail to file required reports.
Reporting Requirements (the VETS-100/VETS-100A Reports):
- Federal contractors that entered into contracts or subcontracts of $25,000 or more before December 1, 2003, must file VETS-100, Federal Contractor Veterans’ Employment Report annually by September 30th. Federal contractors must file VETS-100A, Federal Contractor Veterans’ Employment Report annually by September 30th for contracts or subcontracts of $100,000 or more entered into or modified on or after December 1, 2003. Please note that the filing deadline for the VETS-100 reports in the 2011 cycle has been extended to January 15, 2012.
- These reports require federal contractors to report the number of employees who are covered by the federal Vietnam Era Veterans’ Readjustment Assistance Act on these forms. They must rely on voluntary disclosure by veterans; they can invite, but not require, veterans to identify their status as those who are covered by affirmative action requirements. They also must report the number of new hires covered by VEVRAA, the total number of new hires, and the minimum and maximum number of regular employees during the 12-month reporting period.
- VETS encourages employers to file online; however, reports that are mailed or submitted on a properly formatted CD or disk are acceptable. For more information on VETS-100 and VETS-100A reporting requirements, see http://www.dol.gov/vets/programs/fcp/main.htm.
- For further assistance with the reports or if you have general questions about the VETS 100 Federal Contractor reporting requirements, you can contact the VETS Service center at: (a) [email protected] or (b) 1-866-237-0275.