On January 20, 2015, the Office of Federal Contract Compliance Programs (OFCCP) posted two new Frequently Asked Questions (FAQs) clarifying that, due to the requirements of the new VETS-4212 form, contractors are no longer required to invite applicants to self-identify by the individual protected veteran categories at the post-offer stage. The FAQs can be found in the Self-Identification section of the OFCCP’s VEVRAA FAQ page at: http://www.dol.gov/ofccp/regs/compliance/faqs/VEVRAA_faq.htm with the new questions and answers designated with “NEW” highlighted in yellow.
The FAQs clarify that contractors are no longer required to invite the specific category of protected veteran on the post-offer Invitation, however, they may continue to do so provided they complete the VETS-4212 form using the aggregate protected veteran data required. The VEVRAA regulations found at 41 CFR 60-300.42(b) require the post-offer Invitation to Self-Identify to invite the applicant to “inform the contractor whether the applicant believes that he or she belongs to one or more of the specific categories of protected veteran for which the contractor is required to report pursuant to 41 CFR part 61–300”. On September 25, 2014, the regulations found at 41 CFR part 61-300 were revised, modifying the reporting requirement from specifying the protected veteran category within each job category, to reporting the aggregate number of protected veterans within each job category, and renaming the revised form from the VETS-100A to the VETS-4212. These revisions to the regulations allow contractors to use the same form as both the pre-offer and post-offer Invitation to Self-Identify.
Contractors may use a post-offer Invitation to Identify that is identical to the pre-offer Invitation to Identify, or use a post-offer Invitation to Identify that asks the specific category or categories of protected veteran. Contractors that are concerned with asking for more than is necessary should use the pre-offer format. Please see the Downloads section of our website for recommended forms.
Please contact us by calling (732) 446-2529 or sending us an e-mail at firstname.lastname@example.org if you are interested in discussing the post-offer self-identification requirements.