Although the EEO-1 reports are now filed in March, contractors and subcontractors that held a contract covered by the Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA) during calendar year 2017 must file a VETS-4212 report by September 30, 2018. The filing database is now open. Contractors should file as early as possible because the database often has trouble processing the large number of filings that usually occur the last week in September.
Important points about VEVRAA and the VETS-4212 filing include:
- VEVRAA applies to a single contract of $150,000, a master contract with purchase orders that equal $150,000, or a modification of a contract or master purchase agreement for the purchase, sale, or use of goods or services (including construction) between any person or entity and a “department, agency, establishment, or instrumentality of the United States Government, including any wholly owned Government corporation.” VEVRAA also applies to subcontracts under a contract with the government at the aforementioned amount.
- Companies should carefully review if they are a covered contractor. The filing database is made available to Federal Contracting Officers. Contracting Officers are prohibited from expending funds or entering into contracts with companies that were required to file a VETS-4212 the prior year but did not submit a report. In addition, in a compliance review the OFCCP usually requires contractors to provide VETS-4212 reports for the prior three years.
- When filing the VETS-4212 report contractors have two choices for the snapshot date. Contractors may use a date between July 1, 2018 and August 31, 2018 that represents the end of a payroll period. Contractors that used December 31, 2017 as the date for their EEO-1 report may elect to use that date instead. For the remaining data, contractors should use the 12-month period immediately preceding the date of their snapshot. For example, a contractor using August 15, 2018 for the snapshot would report on all hires during the period August 16, 2017 through August 15, 2018, and report on the maximum and minimum number of employees during that time period.
- Companies that have not recently revisited the proper EEO-1/VETS-4212 codes assigned to their jobs should consider doing so either before filing the VETS-4212 report (unless they are using a December 31, 2017 date in which case the data should match the EEO-1 filed in March) or certainly before completing their next affirmative action programs. There is substantial uncertainty about how the OFCCP will evaluate contractor compensation during a compliance review but the agency often attempts to group jobs by job groups which in turn flow from EEO-1 category assignments. While we would urge contractors to contest any adverse finding using job groups for considering compensation, making sure the EEO-1 categories assigned to each job properly reflect current job duties may decrease the chances of an adverse finding and also makes the utilization analysis in the AAPs more meaningful.
- The Department of Labor VETS-4212 page can be found here.
- FAQs about the VETS-4212 report can be found here.
- A sample VETS-4212 form can be found here.
If you need assistance regarding the VETS-4212 report, including determining if your company is required to file a report, what employees need to be included, or how to account for various locations please contact one of the authors.