Are you a government subcontractor subject to federal nondiscrimination and affirmative action requirements?
You might be surprised at the answer.
Do you provide healthcare services to active duty and retired military service members and their families?
If your health care provider network has a contract with TRICARE, the U.S. Department of Defense’s worldwide healthcare program for active duty and retired military service members and their families, then you could meet the definition of a government subcontractor and be subject to the affirmative action obligations.
Are you required to list your job openings with your state employment system?
Has your legal team determined if you have any liability?
Nondiscrimination and affirmative action requirements by the Jobs for Veterans Act (JVA), which amended the affirmative action provisions of the Vietnam Era Veterans’ Readjustment Assistance Act of 1974 (VEVRAA), became effective on September 7, 2007. The job listing requirements require contractors list job openings with the appropriate state employment service delivery system (ie. “Employment Services,” “State Workforce Agency,” “Employment Security Commission,” “Job Service,” “Career Center,” “Workforce Center,” “One-Stop,” “Job Center,” or “Workforce Development Center”).
Nondiscrimination and affirmative action requirements by the Jobs for Veterans Act (JVA) are being investigated by the Office of Federal Contract Compliance Programs (“OFCCP”).
The cases that are most often referenced are:
• OFCCP vs. UPMC Braddock, ARB Case No. 08-048 (May 29, 2009) Three hospitals with HMO contracts with the UPMC Health Plan, providing medical products and services to US government employees, were found to be federal subcontractors.
• OFCCP vs. Florida Hospital of Orlando, DOL OALJ Case No. 2009-OFC-00002 (Oct. 18, 2010) This hospital participated in Humana Military Health Services (“HMHS”) provider network, under its contract with the TRICARE military health program, and was found to be a federal subcontractor.
How do you become compliant?
It’s pretty simple. Just post all of your job openings on your state employment office website. It’s certainly easier than defending your position to the Department of Labor.
FindHealthcareCareers.com can help.
We recently helped a large hospital system with two ATS systems become compliant, automating an upload to their state WorkSource website.
Call us if you’d like to know more: 888.710.0153