April 10, 2017
Effective March 31, 2017, the Department of Labor’s Office of Federal Contract Compliance Programs ("OFCCP") updated its annual Vietnam Era Veterans’ Readjustment Assistance Act ("VEVRAA") benchmark database to a hiring benchmark of 6.7 percent, which is based on annual data from the Bureau of Labor Statistics. The new benchmark is lower than the prior benchmark of 6.9 percent.
Federal contractors are required to use VEVRAA’s benchmark to analyze hiring and representation of protected veterans in their workplaces. Under the regulations, contractors may use the OFCCP’s hiring benchmark or they may use their own benchmark utilizing the OFCCP’s five-factor test.
Contractors who used the previous 6.9 percent veteran benchmark in their affirmative action plans dated after March 4, 2016, but prior to the OFCCP’s announcement on March 31, 2017, may keep their benchmark as is.