The Office of Federal Contract Compliance Programs (OFCCP) posted two new Frequently Asked Questions (FAQs) addressing federal contractor obligations in complying with Vietnam Era Veterans Readjustment Assistance Act (VEVRAA) regulations promulgated in 2013. (See Legal Update, DOL's VETS Publishes Final Rule on VEVRAA Reporting Requirements.)

One newly-issued FAQ (FAQ #2 in the "Self-Identification" section on the OFCCP page) clarifies the new VETS-4212 reporting form that federal contractors are now required to submit as of October, 2014. Since VETS-4212 requires federal contractors to report aggregate data on the number of newly hired and the number of employed protected veterans, OFCCP is indicating that contractors are no longer required to invite applicants to self-identify using the individual categories for protected veterans (such as, Disabled Veteran, Recently Separated Veteran). Instead, consistent with VETS-4212's requirement that contractors report aggregate data, contractors must only invite individuals who are offered a job to indicate whether they are protected veterans in any of the individual categories.

The second FAQ (FAQ #3 in the "Self-Identification" section on the OFCCP page) asks whether contractors may continue to invite applicants to voluntarily self-identify as a protected veteran at the post-offer stage using the individual categories for protected veterans. The OFCCP indicated that contractors may continue that practice if contractors comply with the VETS-4212 requirement of providing aggregate data on protected veterans.