As Veteran’s Day nears, OFCCP is keeping federal contractors busy reviewing the latest efforts the Agency is undertaking to ensure employers are in compliance with non-discrimination and affirmative action obligations for protected veterans.

In addition to releasing a supplement CSAL list for establishments that have been selected for VEVRAA Focused Reviews, OFCCP also publised the first Directive of FY 2020.  Directive 2020-01: Spouses of Protected Veterans was drafted to

ensure that federal contractors are not discriminating against spouses of protected veterans and to provide compliance assistance during compliance evaluations on how contractors can support the families of protected veterans.

Pursuant to the VEVRAA regulations, it is “unlawful” for a contractor to “exclude or deny equal jobs or benefits to, or otherwise discriminate against,” a qualified individual because of the “known protected status of an individual with whom the qualified individual is known to have a family, business, social or other relationship or association.”

The new Directive states that during the onsite investigation OFCCP will “ask questions of Human Resource (HR) staff, managers, and employees.”

For HR and Managers OFCCP will:

  • Offer compliance assistance by providing a sample nondiscrimination policy statement that the contractor may use; and,
  • Ensure that the contractor understands its obligation not to discriminate against qualified individuals whom the contractor knows to be spouses or other associates of a protected veteran.

More specifically for employees, the Compliance Officer will ask the following questions:

  • if they are a spouse of a protected veteran;
  • if they have coworkers who are spouses of protected veterans;
  • any observations they have concerning the treatment of spouses of protected veterans

It is clear that contractors scheduled for the new VEVRAA Focused Reviews should ensure they are prepared for this line of inquiry.  To be clear, however, the Directive does not state its investigations of compliance with this obligation is limited only to VEVRAA focused reviews.  Thus, all contractors should review their practices to ensure they are in compliance.

 

 

Tags: OFCCP, Office of Federal Contract Compliance Programs, Veteran Spouse, Veteran's Day, VEVRAA, VEVRAA Focused Reviews, Vietnam Era Veteran Readjustment Assistance Act
Print:
Email this postTweet this postLike this postShare this post on LinkedIn
Photo of Laura A. Mitchell Laura A. Mitchell

Laura Mitchell is a principal in the Denver office of Jackson Lewis P.C. and leads the firm’s Workplace Analytics and Preventive Strategies Pay Equity subgroup. She partners with employers to evaluate, develop and implement policies and practices that ensure workplace fairness while mitigating…

Laura Mitchell is a principal in the Denver office of Jackson Lewis P.C. and leads the firm’s Workplace Analytics and Preventive Strategies Pay Equity subgroup. She partners with employers to evaluate, develop and implement policies and practices that ensure workplace fairness while mitigating legal risk. Laura is a guiding force in the firm’s most specialized and technical practice areas where she leverages an analytics-focused approach to partner with her clients in building legally compliant programs around which they can anchor their workplaces achieving productivity and stability.

Laura understands that creating a competitive advantage for employers in today’s workplace involves using a data-driven approach to counsel companies on the development of proactive and equitable non-discriminatory practices in hiring, promotions, separations and pay—and where advancements in technology can create both opportunities for efficiencies and risk that can be measured. Committed to putting her clients’ organizational goals first and foremost while balancing legal risk, Laura views herself as an extension of her clients’ team, responsible for providing proactive guidance and engaging in transparent, ongoing communication. Staying the course with employers across their organizational journey while balancing legal compliance obligations throughout their employees’ lifecycle ensures Laura’s position as a go-to resource.

Laura works with companies across all industries—both new and well-established multi-national organizations of all sizes—to realize the combined vision of legal compliance, increased productivity and economic growth enhanced by a focus on pay equity.  As part of the pay equity journey, she advises employers on the evolving pay transparency landscape, working to align compliant practices with the practical realities of the business world.

Laura partners closely with government contractors to understand, implement and demonstrate compliance with their EEO regulatory and compliance obligations. She also works closely with non-government contractor clients to conduct risk assessments of their programs, policies, and training to align with federal and state anti-discrimination requirements.

Laura is the editor and a principal contributor of the GovCon Employment Exchange blog and presents on pay equity and government contractor obligations. To round out her days, Laura enjoys spending time with her family and friends attending sports events, working out, riding her bike, playing pickleball and taking in Colorado’s incomparable sunsets.

Read more about Laura A. Mitchell
Show more Show less
Related Posts
BREAKING NEWS: OFCCP to Revisit Previously Submitted Contractor Files
March 24, 2025
OFCCP Releases Revised Construction Scheduling Letter
October 2, 2024
OFCCP Issues Statement Related to Technical Issues with the OFCCP Contractor Portal
June 30, 2023