OFCCP Compliance


On March 4, 2004, the OFCCP (Office of Federal Contract Compliance Programs), issued the Final Rule on job applicant regulations for employment candidates who apply for a job online and the required electronic tracking and record-keeping. The rule applies to employers who are federal contractors or subcontractors, and these employers must follow proper recruiting procedures and maintain a wide variety of recruiting documentation of each Internet Applicant. Federal contractors must adhere to staffing procedures, and keep the required documentation, to prove in any OFCCP Audit that their hiring process did not have a "disparate impact" on female and minority employment applicants.

The OFCCP will implement a four part test to verify that a candidate is an Internet Applicant, and specific record-keeping requirements are required. A person is an Internet Applicant if he/she meets each of the following 4 requirements:

1 - The person expresses interest in employment through the Internet or other related electronic technology, such as email, fax or resume databases.
2 - The person is being considered for a specific position.
3 - The person has met the basic requirements for the specific position.
4 - The person does not withdraw from consideration for the position.


When dealing with an Internet Applicant, federal contractors who make use of external databases such as the 10K Network and other online/internet recruiting services are required to keep recruiting records for at least two years, which includes:

1 - Documentation of each job post.
2 - All received resumes and resumes that are considered for positions the employer intends to fill.
3 - Records regarding the race, gender, and ethnicity of the Internet Applicant.
4 - Any interview notes.

Applicant Logs

The OFCCP has recently begun asking contractors to keep detailed Appliant Logs to be presented at a desk review or an audit. Log information should include - Candidate Name - Date of application - Job & location applied for - Race - Sex - Disposition. If a candidate meets the basic qualifications and is an Internet Applicant, then this log must be kept for each candidate and must track and record the disposition of the candidate for each step of the selection process until the candidate is hired, rejected, or voluntarily withdraws from consideration.

Employers who are Federal Contractors are required to solicit and keep records of race, gender, and ethnicity regarding Internet Applicants. Applicant self identification is voluntary, and employers may make a visual identification in any interview if an applicant fails to self-identify. Employers are also required to post open positions to the appropriate state agency.

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The information provided on this web site does not constitute legal advice. Use of our OFCCP Compliance service does not 100% guarantee compliance with this OFCCP Rule. Please consult with a qualified attorney to ensure that your recruiting and staffing policies and procedures are in compliance with the OFCCP.

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