Internet Job Applications

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.”

In addition, they must retain records of all Internet-based “expressions of interest” by individuals if the contractor considers the individual for a particular position. The OFCCP requires these records in order to evaluate whether contractors have complied with the definition of Internet applicant.

Final Version

The OFCCP's new regulations currently apply only to federal contractors and subcontractors. Expected soon, however, is a final version of proposed regulations that would require all private employers to maintain records of certain applicants who seek jobs through the Internet and related technologies. These regulations, proposed jointly in March 2004 by the Equal Employment Opportunity Commi-ssion, the Department of Justice's Civil Rights Division, the Office of Personnel Management, and the OFCCP, would require private employers to maintain records for individuals who apply for jobs through the Internet if the job-seeker follows an employer's standard application procedures and indicates interest in a particular position.

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.”

In addition, they must retain records of all Internet-based “expressions of interest” by individuals if the contractor considers the individual for a particular position. The OFCCP requires these records in order to evaluate whether contractors have complied with the definition of Internet applicant.

Final Version

The OFCCP's new regulations currently apply only to federal contractors and subcontractors. Expected soon, however, is a final version of proposed regulations that would require all private employers to maintain records of certain applicants who seek jobs through the Internet and related technologies. These regulations, proposed jointly in March 2004 by the Equal Employment Opportunity Commi-ssion, the Department of Justice's Civil Rights Division, the Office of Personnel Management, and the OFCCP, would require private employers to maintain records for individuals who apply for jobs through the Internet if the job-seeker follows an employer's standard application procedures and indicates interest in a particular position.