|
OFCCP
Finalizes Definition of 'Applicant'
The U.S. Department of Labor's Office of Federal Contract Compliance
Programs (OFCCP) has issued a final rule clarifying recordkeeping
provisions concerning who is an "applicant" in the context
of the Internet and related technologies.
The final rule published in the Federal Register applies to federal
contractors who are subject to the recordkeeping provisions of
the laws enforced by OFCCP.
The agency says the rule serves as an important tool to enhance
its enforcement of non-discrimination laws.
"This new rule provides clear guidance to allow us to better
enforce the law," says Charles E. James, Jr., deputy assistant
secretary for OFCCP. "This final rule will enable OFCCP to
effectively evaluate whether federal contractors are recruiting
a diverse pool of qualified applicants and hiring new employees
on a non-discriminatory basis. It also helps contractors by clarifying
an ambiguity that, until now, left contractors guessing at what
information they needed to collect from internet applicants."
An "Internet Applicant," under the definition in the
final rule, is an individual who meets the following four criteria:
(1) The individual submits an expression of interest in employment
through the Internet or related electronic data technologies;
(2) The contractor considers the individual for employment in
a particular position;
(3) The individual's expression of interest indicates the individual
possesses the basic objective qualifications for the position;
and
(4) The individual at no point in the contractor's selection process
prior to receiving an offer of employment from the contractor,
removes himself or herself from further consideration or otherwise
indicates that he or she is no longer interested in the position.
Federal contractors will have to provide race, ethnicity, and
gender information for those individuals who the contractor considers
for a particular position and who possess basic qualifications.
The rule also requires contractors to retain all expressions of
interest by individuals considered and specifies records to be
maintained about searches of internal and external databases.
OFCCP retains the ability to assess whether selection criteria
used by federal contractors are discriminatory.
The new applicant rule applies to jobs for which the contractor
accepts expressions of interest via the Internet and related technologies,
such as e-mail, commercial and internal resume databanks, and
employer websites. For those positions for which the contractor
does not use the Internet or related technologies, and does not
accept any electronic submissions, the existing recordkeeping
standards apply.
When a contractor accepts expressions of interest for a particular
position via the Internet or related technologies and paper applications,
the Internet applicant rule applies.
For more information go to - http://a257.g.akamaitech.net/7/257/2422/01jan20051800/edocket.access.gpo.gov/2005/05-20176.htm
Click
here to return to the E-zine and/or close this window
|
|