OFCCP provides new clarifications for internet applicant and record-keeping rules

Lexology
Fulbright & Jaworski International LLP

Shafeeqa Watkins Giarratani and Kimberly King

 USA     August 15 2012

 

Internet Applicant Rule Background

The OFCCP's recordkeeping rules require federal contractors and subcontractors to maintain records regarding their hiring processes and the race, gender, and ethnicity of job applicants. See 41 C.F.R. § 60-1.12. The Internet Applicant Rule requires recordkeeping specifically for internet applicants and defines "Internet Applicant" as an individual who satisfies four criteria:

1. Submits an Expression of Interest: the individual submits an expression of interest in employment through the internet or related electronic data technologies;
2. Considered: the contractor considers the individual for employment in a particular position;
3. Basic Qualifications: the individual's expression of interest indicates the individual possesses the basic qualifications for the position; and
4. No Self Removal: 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.

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