Effective October 27, 2014, a new reporting form for veterans, the VETS 4212 Form, will replace the VETS-100A and VETS-100 Forms. The VETS 4212, which covered federal contractors and subcontractors will need to start using in September 2015, does not require contractors to report specific categories of “protected veterans” but instead requires only the reporting on the total number of protected veterans in the aggregate. Under 41 C.F.R. section 60-300.42(b), contractors must solicit only the veteran category data “the contractor is required to report pursuant to 41 CFR part 61–300 [VETS reports].” So, because the new VETS 4212 Form does not require a report of specific veteran categories, contractors will no longer be required to invite applicants or employees to identify specific veteran category status.
In the short term, this change is likely to wreak havoc with applicant tracking system (ATS) vendors that have spent almost a year developing compliant electronic self-identification forms for veterans and individuals with disabilities. Contractors should keep in mind that they can continue to request individual veteran category designations from applicants and employees if they wish; the reporting of that information will, however, change in 2015.
Regarding the disability self-identification form mandated by OFCCP, a proposed electronic form with dropdown boxes has been submitted to the Office of Management and Budget (OMB) for approval. Other previously-approved electronic versions can be found on the Office of Federal Contract Compliance Programs section of the U.S. Department of Labor’s website. The approved form must be used for applicants, employees, and workforce surveys.
Finally, OFCCP has announced a 60-day extension of the comment period for the proposed Equal Pay Report on employee compensation. As we previously reported, the Equal Pay Report would be required of companies with more than 100 employees that file EEO-1 reports and hold federal contracts or subcontracts of $50,000 or more for at least 30 days. The comment period has been extended until January 5, 2015.