FAR 52.222-37—Employment Reports on Veterans.
Plain-English Summary
FAR 52.222-37 implements the federal contractor veterans’ employment reporting requirement. It covers the definitions of the protected veteran categories used in the clause, the annual reporting obligation for covered contractors, the specific data that must be reported, the required VETS-4212 filing method, the September 30 submission deadline, the 12-month reporting period rules and permitted ending dates, how veteran status information may be obtained and used, and the subcontract flowdown requirement. In practice, this clause is a compliance and recordkeeping requirement tied to the Department of Labor’s veterans’ employment reporting system, not a wage or benefit clause. It matters because contractors must collect workforce data, track hiring and employee counts by location and job category, and file the report on time each year. It also affects subcontract administration because covered subcontract terms must be flowed down unless an exemption applies. For contractors, the main practical significance is building a reliable process for collecting veteran-status data and workforce counts; for contracting officers, it is ensuring the clause is included when prescribed and understanding the flowdown obligation.
Key Rules
Use FAR veteran definitions
The clause relies on the FAR 22.1301 definitions for active duty wartime or campaign badge veteran, Armed Forces service medal veteran, disabled veteran, protected veteran, and recently separated veteran. Contractors should use those regulatory definitions consistently when determining who is reportable.
Annual reporting is required
Covered contractors must report at least annually, as required by the Secretary of Labor, on workforce and hiring data. The obligation applies unless the contractor is a State or local government agency.
Report workforce and hiring data
The report must include the total number of employees by job category and hiring location who are protected veterans, the total number of new hires and how many of those hires are protected veterans, and the maximum and minimum number of employees at each hiring location during the reporting period.
File the VETS-4212 form
The required report is submitted by filing the VETS-4212 Federal Contractor Veterans’ Employment Report. The clause points contractors to the Department of Labor’s VETS-4212 reporting resources for filing instructions.
Meet the September 30 deadline
VETS-4212 reports must be submitted no later than September 30 each year. Missing the deadline can create compliance issues even if the underlying data is otherwise complete.
Use the correct 12-month period
The hiring and employment activity data must cover the most recent 12-month period ending on the selected reporting date. Contractors may choose an ending date at the end of any pay period between July 1 and August 31, or December 31 if they have prior written EEOC approval for EEO-1 purposes.
Base counts on known data
Veteran-status counts must be based on data known to the contractor when completing the report. The contractor may rely on self-identification, voluntary self-disclosure, or actual knowledge, but this reporting rule does not eliminate liability for discrimination under 38 U.S.C. 4212.
Flow down to covered subcontracts
The contractor must insert the clause in subcontracts valued at or above the threshold in FAR 22.1303(a) on the date of subcontract award, unless the Secretary of Labor has exempted the subcontract by rule, regulation, or order.
Responsibilities
Contracting Officer
Ensure the clause is included when prescribed by FAR 22.1310(b) and understand that the contractor must flow the clause down to covered subcontracts. The contracting officer should also recognize that the clause creates an annual reporting obligation tied to Department of Labor requirements.
Contractor
Determine whether the contractor is covered, collect and maintain workforce and hiring data, identify protected veterans using permitted sources, file the VETS-4212 report annually by September 30, and flow the clause down to covered subcontracts at or above the applicable threshold unless exempted.
Subcontractor
If the clause is flowed down into the subcontract, comply with the same reporting and recordkeeping obligations to the extent applicable under the subcontract and provide the data needed for the prime contractor’s compliance where required.
Department of Labor / Secretary of Labor
Administer the annual reporting requirement, prescribe the reporting process, and provide the VETS-4212 reporting framework and instructions.
EEOC
Where a contractor seeks to use a December 31 reporting date for purposes of EEO-1 reporting, the EEOC must have given prior written approval for that use.
Practical Implications
Contractors need a repeatable process for collecting veteran self-identification and workforce counts throughout the year; waiting until report time often leads to incomplete or inconsistent data.
The report is location- and job-category-specific, so HR and compliance teams must be able to break down headcount and new hires by hiring location and job category, not just company-wide totals.
The clause’s reporting rule is not a safe harbor: using self-identification or other known data for VETS-4212 does not protect a contractor from discrimination claims or other obligations under veterans’ employment laws.
Subcontract flowdown is easy to miss, especially in procurement systems that focus on commercial terms; primes should check subcontract thresholds and include the clause when required.
The September 30 deadline is fixed, so contractors should calendar the filing well in advance and verify that the reporting period selected matches the permitted pay-period or approved December 31 option.
Official Regulatory Text
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 ). (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 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)