Overview
FAR 22.1301 provides precise definitions for various categories of "protected veterans" and "executive management" to establish the scope of affirmative action and non-discrimination requirements for federal contractors under 38 U.S.C. 4212.
Key Rules
- Protected Veteran Categories: This is an umbrella term that specifically includes four groups: disabled veterans, recently separated veterans (within three years of discharge), active duty wartime or campaign badge veterans, and Armed Forces service medal veterans.
- Disabled Veteran Criteria: Defined as a veteran entitled to VA compensation (or who would be but for the receipt of military retired pay) or someone discharged/released due to a service-connected disability.
- Qualified Disabled Veteran: A disabled veteran who can perform the essential functions of a job, provided they are given reasonable accommodation if necessary.
- Executive and Senior Management Test: Personnel meet this definition if they earn at least $455 per week, manage an enterprise or department, direct at least two employees, and have hiring/firing authority; alternatively, any individual with a 20% bona fide equity interest who is actively engaged in management qualifies.
- Geographic Jurisdiction: For the purposes of this subpart, the "United States" includes the 50 States, D.C., Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.
Practical Implications
- Contractors must use these specific definitions to accurately categorize their workforce for mandatory annual VETS-4212 reporting and to ensure they are meeting affirmative action obligations.
- The "Qualified Disabled Veteran" definition mirrors ADA concepts, requiring contractors to engage in the interactive process to determine if reasonable accommodations can enable a veteran to perform essential job functions.