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Internet Applicant

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(November 8, 2005)  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, "Obligation To Solicit Race and Gender Data for Agency Enforcement Purposes."  The final rule will go into effect on February 6, 2006.

Under the new rule, an applicant is someone who meets 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 expression of interest indicates the individual possesses the basic qualifications for the position; and,
4. The individual at no point in the contractor's 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 the position.

*``submits an expression of interest in employment through the Internet or related electronic data technologies,'' includes all expressions of interest, regardless of the means or manner in which the expression of interest is made, if the contractor considers expressions of interest made through the Internet or related electronic data technologies in the recruiting or selection processes for that particular position.

So, if a search for a position yields applicants through both the internet and traditional means, this rule applies.

That is,  if you have a combination of a traditional search (hard copy resumes) and an internet search for a particular position, the record keeping requirements in this final rule cover both internet applicants and those persons sending in hard copy resumes. This is because comments to the rule indicated that the definition of applicant should not depend on the manner in which the application was made, as then any analysis of recruitment and hiring practices would not be meaningful.

For purposes of recordkeeping with respect to internal resume databases, the contractor must 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; for purposes of recordkeeping with respect to external resume 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 job seekers who met the basic qualifications for the particular position who are considered by the contractor

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