OFCCP Issues New Rule On Internet Applicants.
by Eric Paltell
On February 6, 2006, new regulations from the Office of Federal Contract Compliance Programs ("OFCCP") on the definition of "internet applicants" will take effect. The new regulations apply to all federal contractors who are covered by Executive Order 11246.
Executive Order 11246 applies to federal contractors and federally-assisted construction contractors and subcontractors, who do over $10,000 in federal government business in one year. Non-construction (service and supply) contractors with 50 or more employees and government contracts of $50,000 or more are required to develop and implement a written affirmative action program (AAP) for each establishment.
Current OFCCP rules require federal contractors to obtain, where possible, gender, race, and ethnicity data on applicants and employees. The new rule adds to the record keeping requirements a definition of "internet applicant," and requires contractors to collect, "where possible," gender, race, and ethnicity information from such applicants. The rule applies to "jobs for which the contractor accepts expression of interest via the internet and related technologies, such as email, commercial and internal resume! data banks, and employer web sites."
Under the new rule, to be considered an "internet applicant," an individual must meet four criteria: (1) the individual submits an expression of interest in employment through the internet or related technologies; (2) the contractor considers the individual for a particular position; (3) the individual's expression of interest indicates that he or she possesses the basic qualifications for the position; and (4) the individual at no point in the 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 employment and the position.
The OFCCP reaffirmed that voluntary self-reporting or self-identification is still generally the preferred method for collecting data on race, ethnicity, and gender, but in situations where self-reporting is not practicable or feasible, personal observation may be used to identify race, ethnicity, and gender.
In mid-January, the OFCCP indicated that contractors would be granted a ninety (90) day grace period to update their internal systems to comply with requirements of the new rule. To take advantage of the grace period, the contractor must demonstrate that it is taking reasonable steps to update its systems to comply with the rule, including a projected date of compliance, and (2) be able to show that it collects and maintains records according to the established procedures consistent with OFCCP's recordkeeping requirements that preexisted the Internet Applicant final rule.
Further information about a contractor's obligations are available on the OFCCP web site, www.dol.gov/esa/ofccp.
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