22.1301 Definitions
Source: FAR 22.1301 on acquisition.gov
Understanding and applying these veteran and management definitions is essential for compliance with federal equal opportunity requirements for veterans.
Overview
FAR 22.1301 provides definitions for key terms used in Subpart 22.13, which addresses equal opportunity for veterans in federal contracting. These definitions clarify the categories of veterans protected under non-discrimination and affirmative action requirements, as well as terms related to management roles and geographic applicability. Understanding these definitions is essential for contractors to ensure compliance with veteran-related employment obligations and reporting requirements.
Key Rules
- Veteran Classifications
- Defines specific categories of veterans (active duty wartime or campaign badge veteran, Armed Forces service medal veteran, disabled veteran, recently separated veteran, protected veteran, qualified disabled veteran) relevant to affirmative action and non-discrimination.
- Executive and Senior Management
- Specifies criteria for employees considered executive or senior management, impacting reporting and compliance obligations.
- Geographic Scope
- Defines "United States" for the purposes of this subpart, including territories and possessions.
Responsibilities
- Contracting Officers: Must ensure contractors understand and apply these definitions when implementing veteran employment requirements.
- Contractors: Must use these definitions to identify protected veterans, fulfill affirmative action obligations, and accurately complete required reports.
- Agencies: Oversee contractor compliance with veteran employment and reporting requirements.
Practical Implications
- These definitions are foundational for compliance with Subpart 22.13, affecting hiring, reporting, and affirmative action programs for veterans.
- Misclassification or misunderstanding of these terms can lead to non-compliance and potential penalties.
- Contractors should train HR and compliance staff on these definitions to ensure accurate application in employment practices and reporting.
As used in this subpart-
Active duty wartime or campaign badge veteran means a veteran who served on active duty in the U.S. military, ground, naval, or air service, during a war or in a campaign or expedition for which a campaign badge has been authorized under the laws administered by the Department of Defense.
Armed Forces service medal veteran means any veteran who, while serving on active duty in the U.S. military, ground, naval, or air service, participated in a United States military operation for which an Armed Forces service medal was awarded pursuant to Executive Order 12985 (61 FR 1209).
Disabled veteran means-
(1)A veteran of the U.S. military, ground, naval, or air service, 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 Secretary of Veterans Affairs; or
(2)A person who was discharged or released from active duty because of a service-connected disability.
Executive and senior management means-
(1) Any employee-
(i) Compensated on a salary basis at a rate of not less than $455 per week (or $380 per week, if employed in American Samoa by employers other than the Federal Government), exclusive of board, lodging, or other facilities;
(ii) Whose primary duty consists of the management of the enterprise in which the individual is employed or of a customarily recognized department or subdivision thereof;
(iii) Who customarily and regularly directs the work of two or more other employees; and
(iv) Who has the authority to hire or fire other employees or whose suggestions and recommendations as to the hiring or firing and as to the advancement and promotion or any other change of status of other employees will be given particular weight; or
(2)Any employee who owns at least a bona fide 20-percent equity interest in the enterprise in which the employee is employed, regardless of whether the business is a corporate or other type of organization, and who is actively engaged in its management.
Protected veteran means a veteran who is protected under the non-discrimination and affirmative action provisions of http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4212&num=0&edition=prelim" target="_blank">38 U.S.C. 4212; specifically, a veteran who may be classified as a "disabled veteran," "recently separated veteran," "active duty wartime or campaign badge veteran," or an "Armed Forces service medal veteran," as defined by this section.
Qualified disabled veteran means a disabled veteran who has the ability to perform the essential functions of the employment positions with or without reasonable accommodation.
Recently separated veteran means any veteran during the three-year period beginning on the date of such veteran’s discharge or release from active duty in the U.S. military, ground, naval, or air service.
United States, means the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.