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PRESS RELEASE
The Integrity News
"objective risk management news"
Vol. XV No. 1
ISSN 1081-2717

January 18, 2006 


Department of Labor
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.



February 6 -- New Federal Rules
take effect that may impact your
online recruiting and hiring
practices.



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 person.

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
position."


Additional Comments

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 pool.

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.


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