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New Rule on 'Internet Applicant'

By Albert J. Solecki, Jr. and Laurie E. Holsey
March 29, 2006

The Department of Labor's Office of Federal Contract Compliance Programs (OFCCP) oversees compliance with the equal opportunity and affirmative action requirements applicable to all government contractors. The OFCCP is charged with enforcing Executive Order 11246, which prohibits federal contractors from discriminating against applicants on the basis of race, color, religion, sex, or national origin. The Order also requires contractors to use affirmative action so that equal opportunity is available for all phases of employment. As such, contractors must retain all applicant-related company records as well as other employment records. In particular, contractors are required to maintain records of 'applicant flow data' by soliciting gender, race and ethnicity information from all applicants. If a contractor fails to comply with the rules issued by the OFCCP, it will be subject to disciplinary action, ranging from citations and economic fines to debarment.

When the requirement to retain applicant data was first instituted in 1965, virtually all applicants applied by traditional methods, ie, in person by completing a job application or submitting a resume with a letter of interest. Thus, the retention of visual data regarding an applicant's race, gender, and ethnicity was a relatively manageable project. With the advent and increased use of computers, including personal computers, the vast majority of job applicants now interface with potential employers via the Internet or through electronic data transmissions such as e-mail.

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