Internet Job Applicants Strictly Defined by Office of Federal Contract Compliance Programs
Effective February 6, 2006, final rules issued by the Office of Federal Contract Compliance Programs (web site: https://www.dol.gov/agencies/ofccp) will dictate and specifically define who, exactly, is to be considered an Internet job applicants for federal contractor record-keeping and data collection purposes.
Federal law currently dictates that all federal contractors with more than 50 employees must gather and maintain resumes and demographic information about job applicants. The new rules defining an Internet job applicant are applicable both when an applicant uses the Internet to locate an open employment position and when the federal contractor utilizes the Internet to fill open positions. The new rules state that a candidate is an Internet applicant if:
· The person submits an expression of interest in employment through the Internet or related technologies.
· The contractor considers the individual for employment for a particular position.
· The person’s expression of interest indicates possession of the basic qualifications for the job.
· The person does not remove himself from consideration during the employment process.
Even in the event that an applicant submits a resume and/or application through more traditional, non-electronic means after locating the job opportunity online, the new rules define him or her as an Internet applicant. In the event that the would-be Internet applicant does not meet the minimum qualifications for a posted position, they are not to be considered an Internet applicant and, while employers must retain a copy of the resume, they are not responsible for collecting demographic information relating to that candidate.
The complexity of the new rules, as well as the record keeping criteria related to them, dictate the need for careful attention to detail to insure compliance.