We believe that because a bank is considered a federal contractor, it would be subject to the “equal employment opportunity” disclosure requirement.

All federally-insured banks are considered government contractors; the definition of “government contract” includes “any agreement . . . for the purchase, sale or use of . . . nonpersonal services,” including “insurance, and fund depository.” 41 CFR 60-1.3. Therefore, any bank that is covered by FDIC insurance is considered a federal contractor. Office of Federal Contract Compliance Programs (OFCCP) Jurisdiction FAQ # 4.

The government contractor regulations include the equal opportunity clause requirements, and they state that a government contractor is in compliance if it does any of the following:

“(a) States expressly in the solicitations or advertising that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin;

“(b) Uses display or other advertising, and the advertising includes an appropriate insignia prescribed by the Deputy Assistant Secretary. The use of the insignia is considered subject to the provisions of 18 U.S.C. 701;

“(c) Uses a single advertisement, and the advertisement is grouped with other advertisements under a caption which clearly states that all employers in the group assure all qualified applicants equal consideration for employment without regard to race, color, religion, sex, or national origin;

“(d) Uses a single advertisement in which appears in clearly distinguishable type the phrase ‘an equal opportunity employer.’” 41 CFR 60-1.41.