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


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