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Legal Updates

Mandatory Job Listing Requirements for Federal Contractors: America's Job Bank Ceased Operations on June 30, 2007

Unfortunately, America’s Job Bank ceased operations on June 30, 2007, and federal contractors have been scrambling to find alternative listing services to satisfy their legal obligations with respect to mandatory job listings.

By way of background, the Vietnam Era Veterans Readjustment Assistance Act of 1974 (“VEVRAA”) and the Jobs for Veterans Act (“JVA”), which amended VEVRAA for federal contracts entered into on or after December 1, 2003, require federal contractors to list job openings with the appropriate local employment service office or the appropriate employment service delivery system, respectively.  The Office of Federal Contractor Compliance Programs (the “OFCCP”) recently issued final regulations implementing the JVA, which explain that contractors should list their employment openings with the appropriate “employment service delivery system” or the state workforce agency job bank where the opening occurs.  The OFCCP plans to provide links to state workforce agency job banks on its website.

The OFCCP has also offered the following recommendations for recruiting and employing qualified covered veterans:

  • Creating partnerships with local and national recruiting sources for referral of qualified covered veteran applicants;
  • Establishing a relationship with the local Veterans’ Employment Representative or his or her designee;
  • Recruiting covered student veterans at educational institutions;
  • Creating partnerships with veterans’ service organizations to employ qualified covered veterans;
  • Establishing relationships with the Veterans Administration Medical Center job placement programs;
  • Advertising job openings and recruiting qualified covered veterans during company career days and/or related activities in the local community;
  • Encouraging subcontractors to seek qualified covered veterans for employment opportunities; and
  • Contacting the Local Veterans’ Employment Representative when new federal contracts are obtained, or when significant hiring will occur.

Contractors will need to determine the most effective way to meet their mandatory job posting requirements.  Contractors can list all job openings with the local employment office in the area where the job opportunity exists or use private sector services such as www.americasjobexchange.com (a national labor exchange operated by NaviSite, the company that operated America’s Job Bank) or www.jobcentral.com (a non-profit association of over 200 companies that will provide a single point for employers to post all of their jobs.)

As always, if you have any questions about mandatory job listing requirements or affirmative action obligations in general, please do not hesitate to contact one of the Firm’s attorneys