[Code of Federal Regulations]
[Title 41, Volume 1]
[Revised as of July 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 41CFR60-250 App B]

[Page 195-196]

           TITLE 41--PUBLIC CONTRACTS AND PROPERTY MANAGEMENT

   CHAPTER 60--OFFICE OF FEDERAL CONTRACT COMPLIANCE PROGRAMS, EQUAL
                         EMPLOYMENT OPPORTUNITY,
                           DEPARTMENT OF LABOR

PART 60-250_AFFIRMATIVE ACTION AND NONDISCRIMINATION OBLIGATIONS OF

                       Subpart E_Ancillary Matters

Sec. Appendix B to Part 60-250--Sample Invitation To Self-Identify

    Note: When the invitation to self-identify is being extended to
special disabled veterans prior to an offer of employment, as is
permitted in limited circumstances under Sec. Sec. 60-250.42(a)(1) and
(2), paragraph 7(ii) of this appendix, relating to identification of
reasonable accommodations, should be omitted. This will avoid a conflict
with the EEOC's ADA Guidance, which in most cases precludes asking a job
applicant (prior to a job offer being made) about potential reasonable
accommodations.

                  [Sample Invitation To Self-Identify]

    1. This employer is a Government contractor subject to the Vietnam
Era Veterans' Readjustment Assistance Act of 1974, as amended, which
requires Government contractors to take affirmative action to employ and
advance in employment qualified special disabled veterans, veterans of
the Vietnam era, recently separated veterans, and other protected
veterans.
    2. [The following text should be used when extending an invitation
to veterans of the Vietnam era, recently separated veterans, and other
protected veterans only.] If you are a veteran of the Vietnam era,
recently separated veteran, or other protected veteran, we would like to
include you under our affirmative action program. If you would like to
be included under the affirmative action program, please tell us. The
term ``veteran of the Vietnam era'' refers to a person who served on
active duty for a period of more than 180 days, and was discharged or
released therefrom with other than a dishonorable discharge, if any part
of such active duty occurred in the Republic of Vietnam between February
28, 1961, and May 7, 1975 or between August 5, 1964, and May 7, 1975, in
all other cases. The term also refers to a person who was discharged or
released from active duty for a service-connected disability if any part
of such active duty was performed in the Republic of Vietnam between
February 28, 1961, and May 7, 1975, or between August 5, 1964, and May
7, 1975, in all other cases. The term ``recently separated veteran''
refers to any veteran during the one-year period beginning on the date
of such veteran's discharge or release from active duty. The term
``other protected veteran'' refers to a person who served on active duty
during a war or in a campaign or expedition for which a campaign badge
has been authorized, under laws administered by the Department of
Defense.

[The following text should be used when extending an invitation to
special disabled veterans only.] If you are a special disabled veteran,
we would like to include you in our affirmative action program. If you
would like

[[Page 196]]

to be included under the affirmative action program, please tell us.
This information will assist us in placing you in an appropriate
position and in making accommodations for your disability. The term
``special disabled veteran'' refers to a veteran who is entitled to
compensation (or who, but for the receipt of military retired pay, would
be entitled to compensation) under laws administered by the Department
of Veterans Affairs for a disability rated at 30 percent or more, or
rated at 10 or 20 percent in the case of a veteran who has been
determined by the Department of Veterans Affairs to have a serious
employment handicap. The term also refers to a person who was discharged
or released from active duty because of a service-connected disability.

[The following text should be used when extending an invitation to
veterans of the Vietnam era, special disabled veterans, recently
separated veterans, and other protected veterans. If you are a veteran
of the Vietnam era, a special disabled veteran, a recently separated
veteran, or other protected veteran, we would like to include you under
our affirmative action program. If you would like to be included under
the affirmative action program, please tell us. [The contractor should
include here the definitions of ``veteran of the Vietnam era,''
``special disabled veteran,'' ``recently separated veteran'' and ``other
protected veteran'' found in the two preceding paragraphs.]

    3. You may inform us of your desire to benefit under the program at
this time and/or at any time in the future.
    4. Submission of this information is voluntary and refusal to
provide it will not subject you to any adverse treatment. The
information provided will be used only in ways that are not inconsistent
with the Vietnam Era Veterans' Readjustment Assistance Act of 1974, as
amended.
    5. The information you submit will be kept confidential, except that
(i) supervisors and managers may be informed regarding restrictions on
the work or duties of special disabled veterans, and regarding necessary
accommodations; (ii) first aid and safety personnel may be informed,
when and to the extent appropriate, if you have a condition that might
require emergency treatment; and (iii) Government officials engaged in
enforcing laws administered by OFCCP, or enforcing the Americans with
Disabilities Act, may be informed.
    6. [The contractor should here insert a brief provision summarizing
the relevant portion of its affirmative action program.]
    7. [The following text should be used only when extending an
invitation to special disabled veterans, either by themselves or in
combination with veterans of the Vietnam era, recently separated
veterans, and other protected veterans. Paragraph 7(ii) should be
omitted when the invitation to self-identify is being extended prior to
an offer of employment.] If you are a special disabled veteran it would
assist us if you tell us about (i) any special methods, skills, and
procedures which qualify you for positions that you might not otherwise
be able to do because of your disability so that you will be considered
for any positions of that kind, and (ii) the accommodations which we
could make which would enable you to perform the job properly and
safely, including special equipment, changes in the physical layout of
the job, elimination of certain duties relating to the job, provision of
personal assistance services or other accommodations. This information
will assist us in placing you in an appropriate position and in making
accommodations for your disability.