Publications

Internet Recruiting: Who is an Applicant?

March 31, 2006

Last spring, we told you about the new “applicant” definition under the Uniform Guidelines on Employee Selection Procedures (UGESP). See Labor & Employment News, Volume 6, Issue 2.

The U.S. Department of Labor’s Office of Federal Contract Compliance Program (OFCCP) governs federal contractors and sub-contractors. OFCCP requires covered federal contractors to collect gender, race, and ethnicity data on applicants and employees so OFCCP can ensure nondiscrimination and affirmative action. OFCCP recently issued its own Internet Applicant rule. The Final Rule, effective February 6, 2006, defines who is an Internet Applicant for data collection and recordkeeping purposes. Although the Rule took effect last month, OFCCP has agreed it will not cite contractors making good faith compliance attempts for purely technical recordkeeping violations until after May 2006.

There are four requirements to be considered an “Internet Applicant”
  1. The individual must electronically express an interest in employment;
  2. The employer must consider the individual’s qualifications;
  3. The individual must meet the job’s minimum qualifications; and
  4. The individual must not, directly or indirectly, remove themselves from the candidate pool.

If an applicant satisfies all four of these requirements, they are deemed an Internet applicant for purposes of OFCCP’s rule and the employer must retain their application, along with demographic information. In addition, employers who use internal job databases must retain a record of each resume added to the database, a record of the date it was added, the position for which each search of the database was made, the substantive search criteria used and the search date. Employers who use external databases must keep a record of each position searched, the substantive search criteria for each search, the search date, and the resumes of anyone who met the basic qualifications and was actually considered. Employers must also retain all tests and test results, as well as interview notes. Noncompliance can result in penalties, contract termination, and debarment from future federal contracts.

Click here to view ESA Final Rules.

Firm Highlights

Publication

The Tale of OCS and the Coronavirus

How has Opportunity Community Services survived during this pandemic and Phase 1? Rose Kukwa of Opportunity Community Services and Dennis Van Norman with Van Norman & Associates share their experience.  Rose and her team...

Experience

COVID-19 Response Team - Resources and Updates

Publication

ICHRAs

Individual Coverage HRA. What is it? What are the benefits and drawbacks? What companies are a good fit for ICHRAs versus group health plans? Kevin talks with Matt Hollister, President and CEO of Business...

Experience

Thompson Coe Saves Client $100Ks in Damages After 3-Day Trial

Publication

The 2020 HR Recap

We’ve made it to the recap episode! The good, the bad, the ugly, and everything in between. Join Kevin and Elaine (Lainey) Luthens as they discuss it all including FFCRA legislation, OSHA, what they...

Publication

The COVID-19 Vaccine Part 1

Publication

The Importance of Strategic Transitions

Transitions versus change, what’s the destination and why is this important for a business?  Kevin talks with Gwen Gierke from Gierke Jungbauer on how they help to manage transitions. Transition happens in three stages: the ending, the neutral zone, and...

Publication

U.S. Supreme Court Settles Issue of Title VII Protections for LGBTQ+ Employees

Headshot of Stephanie Rojo
Publication

Supreme Court Reaffirms and Clarifies Ministerial Exception to Employment Discrimination Laws Under First Amendment’s Religion Clause

News Item

Thompson Coe Welcomes Partners Kenya Bodden and Patrick Kelly