OFCCP Encourages Contractors to Use Apprenticeship Programs to Hire Veterans

Quick Hits

• OFCCP updated its guidance on protected veterans hiring obligations and affirmative action policies encouraging contractors to provide apprenticeship opportunities to protected veterans.
• OFCCP said protected veterans must be provided equal opportunity to participate in apprenticeship opportunities and that providing such opportunities can help contractors meet their obligations to recruit and hire protected veterans.
• The guidance comes after OFCCP set the national veteran hiring benchmark at 5.2 percent on March 31, 2024.

The OFCCP updated its guidance regarding the Vietnam Era Veterans’ Readjustment Assistance Act of 1974 (VEVRAA), which requires federal contractors and subcontractors to take affirmative action to recruit and hire protected veterans.

Contractors with written affirmative action programs (AAPs) must either develop their own individualized hiring benchmark or adopt the OFCCP’s national benchmark. On March 31, 2024, OFCCP set the national veterans hiring benchmark at 5.2 percent (a slight decrease from the prior 5.4 percent).

“One of the primary components of an [AAP under VEVRAA] is measuring the effectiveness of outreach and recruitment efforts,” OFCCP stated in the guidance. “OFCCP encourages contractors to consider whether an apprenticeship program would be an effective method for them to recruit and train veterans.” OFCCP also notes that apprenticeship programs are available in a wide range of industries—beyond the traditional construction trades—particularly in high-growth fields, such as healthcare and information technology. Indeed, many companies are effectively integrating apprenticeship programs into their workforce development strategy.

Promising Practices

OFCCP clarified that protected veterans must be provided equal opportunity to participate in apprenticeship programs and outlined “some promising practices” for contractors to voluntarily comply with their obligations to hire veterans by:

• informing applicants and employees of potential apprenticeship opportunities;
• increasing outreach to a diverse labor pool;
• providing mentorship and support programs;
• offering incentives, including monetary incentives, for participation (such as stipends, childcare, flexible schedules, and paid travel expenses) to ensure completion of the program; and
• taking “affirmative steps” to maintain a workplace free of discrimination and harassment for veterans.

Next Steps

Federal contractors and subcontractors may want to review OFCCP’s guidance on apprenticeship programs and consider whether such a program may be valuable in meeting compliance obligations to recruit, hire, and retain protected veterans. OFCCP has published additional guidance in the form of frequently asked questions (FAQs) on developing apprenticeship programs.

Ogletree Deakins’ OFCCP Compliance, Government Contracting, and Reporting Practice Group will continue to monitor developments and will provide updates on the OFCCP Compliance, Government Contracting, and Reporting blog.

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