Companies working on federal government contracts need to be mindful that two deadlines to submit employment reports are coming up soon. The first is the VETS-4212 Report, which must be submitted by September 30 each year. Prime contractors and first-tier subcontractors who have government contracts or subcontracts worth $150,000 or more are required to submit VETS-4212 reports. The reports collect information on the number of employees in a company’s workforce and how many of those are veterans; their job categories; and how many employees and veterans were hired during the previous 12 months.
The reports can be submitted to the U.S. Department of Labor (“DOL”) by paper or electronically, but the DOL has advised that mailed reports may be delayed due to COVID-19 social distancing measures, and strongly recommends companies submit the reports electronically here.
The second upcoming deadline is for the EEO-1 Report, which has been extended to October 25 for the 2019 and 2020 reports. Prime contractors and first-tier subcontractors who have 50 or more employees and government contracts or subcontracts amounting to more than $50,000 must submit the reports to the U.S. Equal Employment Opportunity Commission.
Companies are required to provide workforce data by race/ethnicity, sex and job category of employees in the EEO-1 Reports. The information is used by the EEOC to investigate charges of employment discrimination and to provide information about the employment status of minorities and women. All companies with 100 or more employees, regardless of whether they are government contractors, also must file EEO-1 reports. The reports can be filed electronically here.
In addition to these reporting requirements, prime contractors and subcontractors are required to prepare affirmative action programs for women, minorities, individuals with disabilities and veterans. Companies with at least 50 employees and federal contracts or subcontracts of $50,000 are required to prepare affirmative action plans for women, minorities, and individuals with disabilities. The threshold that triggers the requirement to prepare an affirmative action program for veterans is at least 50 employees and government contracts worth $150,000 or more.
For additional information on government contractor and subcontractor employment reporting and affirmative action program requirements, check out the article entitled “Companies May Unknowingly Be Subject to Government Contracting Regulations” that was printed in Today’s General Counsel.
Luis F. Ruiz