As a result of the federal government’s clear directives against Diversity, Equity, and Inclusion that put the Disadvantaged Business Enterprise (“DBE”), 8(a) Business Development Program, Woman-Owned Small Business (“WOSB”), and Veteran-Owned Small Business (“VOSB”) at peril, this is the second in a series of blogs that will discuss alternative, non-federal government certifications available to businesses.
The National LGBT Chamber of Commerce provides an LGBTBE Certification. According to the NGLCC, Certified LGBTBE companies “gain access to procurement contacts within NGLCC’s network of corporate and government partners” leading to relationship building, through matchmaking and networking events held throughout the country. Education, mentorship, leadership training, and other business development services are offered.
The first step in the certification is making sure that you qualify. The company must be at least 51% owned, operated, managed, and controlled by an LGBTQ person or persons who are also either U.S. citizens or lawful permanent residence. The business must be independent from any non-LGBTQ business, which means that it can’t be a front or a pass-through. The business must be headquartered and formed in the U.S.
The 51% controlling owner(s) must prove that they identify as Lesbian, Gay, Bisexual, Transgender, or Queer. Of course, proving that one is a member of one of these groups can be challenging. Hence, the NGLCC has put together an extensive list of documentation an owner can submit to prove that they identify as one of the qualifying groups. Some examples are:
- Letters from three personal references attesting to the LGBTQ status of the business owner(s), with an affidavit;
- Marriage certificate, domestic partnership registration, or civil union certification;
- Evidence of completed or attempted parenting and family- building efforts, including second-parent adoption and surrogate mother arrangements;
- Evidence of discriminatory action due to LGBTQ status (i.e., police report, HR report, court documents);
- Articles in the media that note the LGBTQ status of the owner(s);
- Proof of joint ownership of assets with LGBTQ-status explicitly stated (i.e., “husband-husband” or “same-sex/domestic partner/spouse”); or
- Other public recognition of the owner(s) as members of the LGBTQ community.
Like any other certification, the applicant business must also submit a slew of documentation about the business and its owners. The NGLCC provides a checklist here. You can expect to provide all of your corporate documents, employee information, tax returns, rental and purchase agreements, and other important documents.
After your application is completed, submitted, and reviewed, you will undergo a site visit with an NGLCC site visitor to review your application, and learn more about your business in the process.
Finally, the National Certification Committee will review your application and make the final decision on certification.
Once you submit all application materials, the overall process usually takes 60 to 90 days. The certification lasts for three years from the date of certification, after which recertification is necessary. There is a fee for certification and recertification, but that fee is waived for applicants who are valid, current members of their local affiliate chamber of commerce. All documents submitted to the NGLCC are kept securely and access is limited.
If you need assistance applying for a business certification, please contact Danielle Dietrich, Esq. at ddietrich@potomaclaw.com or 412-449-9141.
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