The Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) has published a new “infographic” on its website designed to assist veterans in determining whether they are a “protected” veteran for purposes of coverage under the Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA), as amended (38 U.S.C. Section 4212).
The infographic adopts a more expansive definition of protected veteran than has previously been understood, and allows federal contractors to expand the universe of veterans they can include for purposes of meeting OFCCP’s veterans’ hiring benchmark and other compliance obligations under the agency’s revised “Section 4212” veterans regulations.
The infographic interprets the category of Active Duty Wartime or Campaign Badge Veteran (ADWCBV) to include any veteran who served not only “during a war,” but also during a period of war, including the Korean conflict (June 27, 1950 – January 31, 1955), the Vietnam era for those serving in the Republic of Vietnam (February 28, 1961 – May 7, 1975), the Vietnam era for other veterans (August 5, 1964 – May 7, 1975), and during the Persian Gulf war (August 2, 1990 – Present).
While the new infographic is not intended to substitute for OFCCP-enforced laws and regulations, it is an official agency interpretation that nearly triples the number of U.S. military veterans protected by the veteran-related affirmative action provisions with which federal contractors must comply.