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| Issue: |
Because of your recruiting responsibilities, you have become adept at navigating the Internet in search of qualified job candidates, from your company’s internal Web site where job seekers submit electronic resumes to job boards across the Web. But what has remained elusive, besides the perfect candidate, is what kinds of records you must keep about these electronic job seekers—specifically, at what stage in the process do you have to track someone as an “applicant?” |
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Answer: |
Employers that are federal contractors and subcontractors must collect gender, race and ethnicity information on each “applicant”' for employment. On October 7, the Office of Federal Contract Compliance Programs (OFCCP) issued its long-awaited definition of “Internet Applicant.” Use of the Internet and similar technologies has created new burdens on employers, given the potential number of resumes that can be accessed. Also, employers that are federal contractors are required to conduct an adverse impact analysis using race/gender data on all "applicants" who apply for a specific position. Accordingly, the later in the hiring process that a person is deemed to be an "applicant," the less potential burden on the employer.
This new applicant rule applies to jobs for which the contractor accepts “expressions of interest” via the Internet and related technologies, such as e-mail, commercial and internal resume databanks, and employer Web sites. Note: If a contractor uses the Internet or related technologies to find candidates for a position, the "Internet Applicant" rule applies to that position even if paper expressions of interest for the position are also accepted. (For positions for which the contractor does not use the Internet or accept any electronic responses, existing recordkeeping standards apply.)
Internet applicant defined. An “Internet Applicant” is an individual who:
- submits an expression of interest in employment through the Internet or related electronic data technologies;
- the contractor considers for employment in a particular position;
- whose expression of interest indicates the individual possesses the basic qualifications for the position; and
- prior to receiving an offer of employment from the contractor, at no point removes himself or herself from further consideration or otherwise indicates that he or she is no longer interested in the position.
Recordkeeping requirements. The rule also requires contractors to retain all expressions of interest by individuals considered and specifies records to be maintained about searches of internal and external databases. There is a difference between whether someone counts as an “Internet Applicant” and what records the contractor is required to maintain. For “Internet Applicants,” the contractor must not only keep records but also attempt to collect race, gender, and ethnicity information and run an adverse impact analysis. However, the new regulations also provide that contractors must maintain any and all expressions of interest through the Internet or related electronic data technologies when the contractor considered the individual for a particular position, such as on-line resumes or internal resume databases and records identifying job seekers contacted regarding their interest in a particular position.
In addition, regardless of whether the individual qualifies as an “Internet Applicant,” contractors are required, for internal resume databases, to maintain a record of each resume added to the database, a record of the date each resume was added to the database, the position for which each search of the database was made, and corresponding to each search, the substantive search criteria used and the date of the search. Also, for external databases, the contractor must maintain a record of the position for which each search of the database was made, and corresponding to each search, the substantive search criteria used, the date of the search, and the resumes of any job seekers who met the basic qualifications for the particular position who are considered by the contractor.
The effective date for the final rule is February 6, 2006.
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