Equal Employment Opportunity (EEO)

EEO is defined as "the absence of partiality or distinction in employment treatment, so that the rights of all persons to work and advance on the basis of merit and potential is maintained."

EEO Applies to all federal-aid contracts and subcontracts over $10,000.

Contractors agree to be an EEO employer when they sign the federal-aid contract. By their signature, these employers have agreed that all personnel matters for projects will be handled without regard to race, creed, color, sex, disability, age, religion or national origin. This means the contractor is required to do the following:

  • Adopt an EEO policy
  • Company policy must be posted on the job site bulletin boards
  • Disseminate the policy to the workers through various means including company meetings, written notices, etc.
  • Post EEO Posters #1 & #7 on the job site bulletin board
  • Identify an EEO Officer and establish in writing the job duties
  • Agree to adhere to Minority & Female Employment Goals
  • Establish an EEO Affirmative Action Plan
  • Actively recruit beyond the traditional sources to attract minority/female applicants and TERO Offices - A list of recruitment sources for contractors.
  • Review all personnel actions to ensure actions taken are in compliance with company EEO policy
  • Develop a basic complaint procedure
  • Retain records of employment and personnel actions for a three year period from the date of project closing
  • Complete the EEO #1391 form including all federal-aid projects on one form. . Staffing data should represent the project work force on board in all or any part of the last payroll preceding the end of July.
  • Other areas as specified in the special provisions.

Contractor Compliance Reviews are conducted throughout the State during construction season. These reviews are to verify that the Contractor is complying with the Special Provisions on EEO.

FHWA 1391 Reporting period is July 21-27, 2019. Forms are due to the Civil Rights Office by August 20, 2019. All contractors and subcontractors on federal-aid highway construction projects need to consolidate multiple projects on one form to cover all federal-aid projects.

The forms and instructions mentioned above, along with two special provisions regarding EEO in the contract, are available on the Forms & Documents page.

To report any unfair employment practices that may be based on race, color, religion, sex, national origin, age, any disability a person may have, or any sexual or racial harassment, contact: June Hansen via e-mail at june.hansen@state.sd.us or by phone at 605-773-3540. (Phone is answered 24 hours a day.)

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