OFCCP Issues Final Affirmative Action Rules Applicable to Internet Applications

The U.S. Department of Labor's Office of Federal Contract Compliance Programs has just issued its final rule governing federal contractor affirmative action requirements regarding internet job applicants. The agency says that "fundamental shift in the way individuals can apply for jobs and the consequences for employers of receiving potentially thousands of resumes made the existing applicant recordkeeping rules unworkable."

Under the final rule, in order to be an "Internet Applicant", an individual must meet the following four criteria:

  1. The individual submits an expression of interest in employment through the Internet or related electronic data technologies;
  2. The contractor considers the individual for employment in a particular position;
  3. The individual?s contact or application indicates the individual possesses the basic qualifications for the position; and
  4. The individual does not remove himself or herself from further consideration or otherwise indicates that they are no longer interested in the position at any point during the selection process.
The rule requires employers to solicit race, ethnicity and gender data for such candidates, specifies related recordkeeping and data collection obligations, and also provides that the new internet applicant rules can apply to non-internet job applications in certain circumstances. If the employer will consider applications through the internet or related electronic data technologies, like email, for a particular position, then all applicants for that position (even those submitting hard copies traditionally through the mail or in person) will be treated under the new rules.

The new rules go into effect on February 6, 2006.Sexual Harassment, Pregnancy Discrimination, Age Discrimination, San Antonio, Employment Lawyer