Recently, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) added twelve new questions to its Frequently Asked Questions (FAQs) on the Internet Applicant Recordkeeping Rule. The new information is intended to clarify the OFCCP recordkeeping requirements of federal contractors and subcontractors. The rule originally went into effect in 2006.
The Internet Applicant Recordkeeping Rule defines an “internet applicant” as an individual who:
- Submits an expression of interest in employment;
- Meets the basic qualifications for the job;
- Is considered for employment; and
- Does not withdraw from consideration.
The clarifications make it clear that employers are required to maintain all records regarding their hiring processes. In addition, they are also required to maintain records regarding the race, gender and ethnicity of all job applicants – even when third party recruiting and vetting companies are used such as online job boards and search firms. The FAQs clarify that while a third party company may maintain the data on the contractor’s behalf, the contractor, not the third party company, will be held accountable if the specified records are not maintained.
The new FAQs address other issues such as job fairs, job boards, campus recruiting, niche and diversity databases, and job descriptions. Conveniently, OFCCP marked the twelve new questions with “NEW” to make them easily identifiable.
Visit OFCCP’s webpage for a
complete listing of all FAQs regarding the Internet Applicant Rule.
