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Internet Job Applications

By ALM Staff | Law Journal Newsletters |
October 31, 2005

Regulations established by the Labor Department's Office of Federal Contract Compliance Programs (OFCCP) require covered federal contractors and subcontractors to collect information about the gender, race and ethnicity of each “applicant” for employment. On Oct. 7, the OFCCP issued a final rule that adds a definition of “Internet applicant” and requires contractors to collect gender, race, and ethnicity information from certain individuals who apply through the Internet. 41 C.F.R. Part 60-1.

The final rule, which will take effect in February 2006, applies to “jobs for which the contractor accepts expression of interest via the Internet and related technologies, such as e-mail, commercial and internal resume databanks, and employer Web sites.” Existing record-keeping standards still apply for those positions for which the contractor does not use the Internet or related technologies, and does not accept any electronic submissions.

In response to comments on the proposal, the final rule incorporates several minor modifications to the definition of Internet applicant. The final rules state that to be considered an “Internet applicant,” an individual must meet four criteria:

  • The individual submits an ex-pression of interest in employment through the Internet or related technologies;
  • The contractor considers the individual for a particular position;
  • The individual's expression of interest indicates that he or she possesses the basic qualifications for the position; and
  • The individual at no point in the 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 employment in the position.

Contractors must identify “where possible, the gender, race, and ethnicity of each applicant or Internet applicant … whichever is applicable to the particular position.”

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