A core component of compliance with the Office of Federal Contract Compliance Programs (OFCCP) is the Internet Applicant rule. This rule stipulates that Federal contractors and subcontractors must keep data specifically pertaining to recruitment practices centered on Internet hiring and the solicitation of race, gender, and ethnicity of Internet Applicants. Next year will be the 10th anniversary of the Internet Applicant Rule – a recordkeeping rule used by Office of Federal Contract Compliance Programs (OFCCP) to determine what applicant records need to be maintained by federal contractors. Prior to this rule, federal contractors had to rely on the Uniform Guidelines on Employee Selection Procedures (UGESP) and its Questions and Answers to.
This rule, of course, assumes that the person applies through the internet or some other electronic means. In fact, this rule is known as the “Internet Applicant Rule”. What if someone expresses interest in a job, but does not use the internet or related electronic data technology?
Internet applicant rule. Last year, I wrote an article examining some of the implications of the OFCCP's proposed definition of an Internet applicant. Approximately one and a half years after issuing a proposed definition of electronic applicants, the Office of Federal Contract Compliance Programs (OFCCP) issued its final ruling on October 7, 2005. The definition will go into effect February 6, 2006, thereby giving. Considerations federal contractors should keep in mind under the internet applicant rule; And language to include to help minimize legal risk and maximize protections to your company Guest Speaker: Sadé Tidwell – Fisher Phillips. Level: Basic Format: Live Webcast Field of Study: General Program Prerequisites: None Advanced Preparation: None On Friday, October 7, 2005, the Office of Federal Contract Compliance Programs issued its long awaited final rule regarding the definition of an Internet Applicant entitled "Obligation To Solicit Race and Gender Data for Agency Enforcement Purposes." The final rule will go into effect on February 6, 2006. Under the final rule, an individual is considered an "Internet
The Office of Federal Contract Compliance Programs continues to clarify the definition of an internet applicant and the evolving guidance gives employers additional direction and assistance. Moreover, the OFCCP has initiated a systematic process for monitoring adherence to the Internet Applicant Rule. Posts about Internet Applicant Rule written by cooleygovcon. This blog is provided for general informational purposes only and no attorney-client relationship with the law firm Cooley LLP is created with you when you use the blog. Best Practices – Complying with the Internet Applicant Rule 1. Periodically evaluate online application procedures 2. Monitor risk of adverse impact to protected classes 3. Maintain demographic information separately from the resume information reviewed during the selection process 4. Consult with counsel as needed
On February 6, 2006, the final rule of the Office of Federal Contract Compliance Programs (“OFCCP”) defining “Internet applicant” took effect. For the first time, the OFCCP is requiring covered federal contractors to obtain, when possible, the gender, race, and ethnicity of “Internet applicants.” The final rule also adds “Internet applicants” to those covered by the OFCCP’s. A Summary of the OFCCP’s Proposed Definition of an Internet Applicant You might first be wondering how OFCCP can adopt a different definition of an Internet applicant.. Under the EEOC proposed rule, the trigger is in the hands of the candidate, who must express an interest in a specific position (EEOC criterion #3) and follow the. Recently, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) added twelve new questions to its Frequently Asked Questions (FAQs) on the Internet Applicant Recordkeeping Rule. The new information is intended to clarify the OFCCP recordkeeping requirements of federal contractors and subcontractors. The rule originally went into effect in 2006.
Considerations federal contractors should keep in mind under the internet applicant rule; And language to include to help minimize legal risk and maximize protections to your company ; Guest Speaker. Sheila M. Willis. Sheila Willis practices management-side employment law. She is committed to finding practical, real world solutions to her. Consequently, the final rule now states that the Internet applicant rule applies to expressions through traditional means if the contractor considers both electronic and traditional expressions of interest for that position. On the other hand, the existing traditional applicant rules apply where the contractor uses only traditional means of. The Internet Applicant rule emphasizes that OFCCP will compare the proportion of women and minorities in the contractor’s Internet Applicant pool with labor force statistics or other data on the percentage of women and minorities in the relevant labor force in order to evaluate the impact of basic qualifications. If there is a significant.
Consequently, the resumes of job seekers reviewed by the software have been considered for a particular position under the Internet Applicant rule. Section 60-1.3(3) of the Internet Applicant rule explains that only data techniques that do not depend on an assessment of qualifications, such as random selection, are treated as data management. Next year will be the 10 th anniversary of the Internet Applicant Rule—a recordkeeping rule used by Office of Federal Contract Compliance Programs (OFCCP) to determine what applicant records need to be maintained by federal contractors. Prior to this rule, federal contractors had to rely on the Uniform Guidelines on Employee Selection Procedures (UGESP) and its Questions and Answers to. The final rule modifies OFCCP applicant recordkeeping requirements to address challenges presented by the use of the Internet and electronic data technologies in contractors’ recruiting and hiring processes. The final rule is intended to address recordkeeping requirements regarding “Internet Applicants” under all OFCCP recordkeeping and.
In the proposed rule, “Internet Applicant” was defined as any individual who satisfied four criteria. OFCCP has retained the four criteria in the final rule. The first criterion of the proposed definition required that the individual “[s]ubmits an expression of interest in employment through the Internet or electronic data technologies.” OFCCP’s “Internet Applicant Rule” defines when a job seeker actually becomes an applicant and, hence, is subject to reporting under an employer’s applicant flow summary in the context of Internet recruiting. Modern recruiters search their company’s databases of resumes, and reach out to the Internet to find candidates.