52.222-37 Employment Reports on Veterans
Source: FAR 52.222-37 on acquisition.gov
Federal contractors must annually report workforce data on protected veterans using the VETS-4212 form by September 30 and flow down this requirement to qualifying subcontractors.
Overview
FAR 52.222-37 requires federal contractors (excluding state and local government agencies) to annually report workforce statistics related to protected veterans. The clause defines key veteran categories and mandates the use of the VETS-4212 report to disclose the number of protected veterans employed, new hires, and workforce size at each hiring location. Reports must be submitted by September 30 each year, covering a 12-month period ending between July 1 and August 31 (or December 31 with EEOC approval). Contractors must base their reporting on known data, which can be obtained through self-identification or other means, and are required to flow down this clause to applicable subcontracts at or above the FAR 22.1303(a) threshold. The regulation aims to ensure transparency and compliance with veteran employment reporting requirements under federal law.
Key Rules
- Annual Reporting Requirement
- Contractors must file the VETS-4212 report annually, detailing the number of protected veterans in their workforce and among new hires, as well as workforce size at each location.
- Reporting Deadline and Period
- Reports are due by September 30 each year and must cover a 12-month period ending between July 1 and August 31, unless EEOC approval allows a December 31 end date.
- Data Collection Methods
- Veteran status may be determined through self-identification, voluntary disclosure, or contractor knowledge, but this does not exempt contractors from anti-discrimination laws.
- Subcontractor Flowdown
- The clause must be included in subcontracts at or above the specified threshold unless exempted.
Responsibilities
- Contracting Officers: Ensure inclusion of this clause in applicable contracts and subcontracts.
- Contractors: Collect, maintain, and report required veteran employment data using VETS-4212; ensure timely submission; flow down requirements to qualifying subcontractors.
- Agencies: Oversee contractor compliance and reporting.
Practical Implications
- This clause exists to promote veteran employment transparency and compliance with federal law.
- Contractors must establish reliable data collection and reporting processes to avoid noncompliance.
- Common pitfalls include missing the reporting deadline, incomplete data, or failing to flow down the clause to subcontractors.
As prescribed in 22.1310(b), insert the following clause:
Employment Reports on Veterans (Jun 2020)
(a) Definitions. As used in this clause, "active duty wartime or campaign badge veteran," "Armed Forces service medal veteran," "disabled veteran," "protected veteran," and "recently separated veteran," have the meanings given in Federal Acquisition Regulation (FAR)22.1301.
(b) Unless the Contractor is a State or local government agency, the Contractor shall report at least annually, as required by the Secretary of Labor, on-
(1) The total number of employees in the contractor’s workforce, by job category and hiring location, who are protected veterans (i.e., active duty wartime or campaign badge veterans, Armed Forces service medal veterans, disabled veterans, and recently separated veterans);
(2) The total number of new employees hired during the period covered by the report, and of the total, the number of protected veterans (i.e., active duty wartime or campaign badge veterans, Armed Forces service medal veterans, disabled veterans, and recently separated veterans); and
(3) The maximum number and minimum number of employees of the Contractor or subcontractor at each hiring location during the period covered by the report.
(c) The Contractor shall report the above items by filing the VETS-4212 "Federal Contractor Veterans’ Employment Report" (see "VETS-4212 Federal Contractor Reporting" and "Filing Your VETS-4212 Report" at http://www.dol.gov/vets/vets4212.htm" target="_blank">http://www.dol.gov/vets/vets4212.htm).
(d) The Contractor shall submit VETS-4212 Reports no later than September 30 of each year.
(e) The employment activity report required by paragraphs (b)(2) and (b)(3) of this clause shall reflect total new hires, and maximum and minimum number of employees, during the most recent 12–month period preceding the ending date selected for the report. Contractors may select an ending date-
(1) As of the end of any pay period between July 1 and August 31 of the year the report is due; or
(2) As of December 31, if the Contractor has prior written approval from the Equal Employment Opportunity Commission to do so for purposes of submitting the Employer Information Report EEO-1 (Standard Form 100).
(f) The number of veterans reported must be based on data known to the contractor when completing the VETS-4212. The contractor’s knowledge of veterans status may be obtained in a variety of ways, including an invitation to applicants to self-identify (in accordance with 41 CFR 60-300.42), voluntary self-disclosure by employees, or actual knowledge of veteran status by the contractor. This paragraph does not relieve an employer of liability for discrimination under http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4212&num=0&edition=prelim" target="_blank">38 U.S.C. 4212.
(g) The Contractor shall insert the terms of this clause in subcontracts valued at or above the threshold specified in FAR 22.1303(a) on the date of subcontract award, unless exempted by rules, regulations, or orders of the Secretary of Labor.
(End of clause)