The Integrity News
"objective risk management news"
Vol. XV No. 1
January 18, 2006
Office of Federal Contract Compliance Programs (OFCCP)
Final Rule was issued October 7, 2005.
If your company conducts over $10,000 in
Federal government business in any 12 month
period, or may do so in the future, this new
rule could effect your operations.
CLICK HERE for The New Rule that spells out the
4 criteria which define an "Internet Applicant",
and tells you what Race, Ethnicity, and Gender
data must be solicited and included in your
Adverse Impact Analysis.
If this new rule effects your company, the relevant
automation in our Online Job Apps can be activated
to help you with your compliance data gathering.
The new regulations do not address record keeping
obligations where only paper applications and resumes
are considered, as existing OFCCP regulations already
apply to such openings.
Summary of the New Rule
The new rule clarifies the definition of an "Internet
Applicant" for whom Federal contractors are required
to maintain records of those individuals who must be
solicited for Race, Ethnicity, and Gender data. In an
April 2004 directive, the OFCCP stated that self-
identification is the preferred method to solicit this
information, however contractors are permitted to make
visual observations when the job seeker appears in
According to the New Rule, an individual is considered
an "Internet Applicant" if each (all) of the following
four (4) criteria are met. The individual:
"Submits and expression of interest in employment
through the Internet or related electronic data technologies,
Is considered for employment in a particular position,
Based on the expression of interest, possesses the
"basic qualifications" for the position, and
Does not remove himself or herself from further
consideration prior to receiving an offer of employment
or otherwise indicate lack of continued interest in the
The New Rule addresses Internal applicant databases,
External applicant databases, and Online Job Applications.
There are slightly different requirements for each.
The Final Rule contains no requirements that to be
considered an Internet Applicant, a candidate must
apply for a particular position.
To ease the burden for Federal contractors, the OFCCP
stipulates that contractors are not required to consider
expressions of interest from applicants that are not
submitted in accordance with the contractor's standard
practices. That is, if you let the world know that you
only accept Job Apps on your online system, none of
the other submissions count.
The new rule allows employers to establish "data
management" techniques to help narrow their applicant
All Federal government contractors need to formulate
a protocol that they will and do follow for each applicant.
The Final Rule does require a contractor to solicit the
Gender, Race, and Ethnicity of all unsuccessful job
seekers who meet the definition of "Internet Applicant"
even though some of them may lack the subjective or
preferred qualifications the contractor is seeking.
Given that so many companies are now using tools
like Monster, CareerBuilder, and other resume sites,
this is an important development. Obviously there is
more to discuss and understand than is summarized
here. While we are not attorneys, and do not give
legal advice, we suggest that you address any
specific questions to your own counsel.
If you would like to discuss online Job Applications
in general, and how our Online Job Apps can accommodate the solicitation
of data to help satisfy this New Rule, feel free to call
The Integrity Center, Inc.
at (972) 484-6140.
Helping you with your Risk Management and HR Automation is what we do.