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Affirmative Action: Reporting: What is the difference between the VETS 100 and VETS 100A report forms and who should file each?

   4/11/2014
 

Federal government contractors and subcontractors who have contracts of a certain dollar amount must file either one or both of these forms each year by September 30th. Prior to 2002, the Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA) required federal contractors and subcontractors with contracts worth $25,000 or more to collect certain categories of data on the covered veterans in their workforce annually and report these data on the Federal Contractor Veterans’ Employment Report VETS-100 (“VETS-100 Report”) form. The Jobs for Veterans Act of 2002 (JVA) amended VEVRAA’s reporting requirements by both contract dollar amount and veteran categories and tasked the Department of Labor with promulgating regulations to implement these amendments. On May 19, 2008, the VETS Department of the DOL issued regulations that created the new requirements for the VETS-100A report form to be used starting September 30, 2009, for all contracts entered into or modified after December 1, 2003, of $100,000 or more. The JVA amendments do not relieve contractors and subcontractors of their VETS-100 reporting requirements since 2002, nor do they relieve them of such requirements going forward. If a federal contractor or subcontractor still has a contract entered into or modified prior to December 1, 2003, of $25,000 or more, it must continue to file the VETS-100 form annually on its entire workforce. Additionally, if a federal contractor or subcontractor has contracts entered into or modified after December 1, 2003, of $100,000 or more, it must file the VETS-100A form annually, starting September 30, 2009, on its entire workforce. If a federal contractor or subcontractor has contracts that meet each of these requirements, it must file both the VETS-100 and the VETS-100A report forms annually on its entire workforce. The regulations make it clear that one report will not suffice, as the veteran categories have changed, and some veterans may not be reported if only one report form were filed. In the event that a contract entered into prior to December 1, 2003, of $25,000 or more is modified after December 1, 2003, then the new requirements would apply, and if over $100,000, only the VETS-100A report form would need to be filed.

The covered veteran categories for the VETS-100 form are:

  • Special disabled veterans.
  • Vietnam era veterans.
  • Recently separated veterans.
  • Pre-JVA veterans.
  • Active duty or wartime campaign badge veterans.

The covered veteran categories for the VETS-100A form are:

  • Disabled veterans.
  • Active duty or wartime campaign badge veterans. 
  • Recently separated veterans.
  • Pre-JVA veterans.
  • Armed Forces Service Medal veterans.

 

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