Leading Las Vegas Casino to Pay $850,000 for Sexual Harassment and Retaliation

By: Sonia Chapin, CCP, SPHR

The OFCCP has issued revised regulations located at 41 CFR § 60-300, the section of the regulations that governs Veterans affirmative action programs. The new regulations are effective September 7, 2007 and require federal contractors subject to the rule to affirmatively “employ and advance in employment” covered veterans. The new requirements address the changes required by the 2002 Jobs for Veterans Act and apply to contractors with a contract entered into or modified after December 1, 2003. The existing regulations, located at 41 CFR § 250, remain intact and apply to contractors with a contract entered into before December 1, 2003. 

The three main updates to the regulations include:     

·         Increasing the dollar amount threshold for covered contractors from $25,000 to $100,000. In addition, a single contract of $100,000 or more is required; values of contracts are not aggregated for the purposes of these regulations.

·         Adding the category of Armed Forces service medal to the veterans covered, deleting Vietnam era veteran, expanding the definition of disabled veteran to include any service-related disability, and updating recently separated veteran from one to three years from date of separation. 

·         Updating the job listing requirement to include state or local employment service notification when job openings occur. This notification can be via hard copy, fax, e-mail, or other electronic notification method. Third party systems can be utilized to aid in the delivery of the job postings. 

The OFCCP clarifies that since most of the requirements are the same (with the exception of the dollar amount and category changes noted above), a single AAP will suffice for contactors with contracts before and after the December 1, 2003 date. Additionally, any government modification made after December 1, 2003 to contracts awarded before that date would subject the contractor to the new regulations. Therefore, if all contracts have been recently reviewed and modified/extended it is possible that the contractor is only covered under one set of regulations. For the purposes of this analysis, two items will be discussed: the contractor’s tracking and self ID form for soliciting veteran status and options for posting positions with the appropriate employment service under the new regulations.

Contractors with new or amended contracts after December 1, 2003 would need to track the following categories: