On February 6, 2006 the OFCCPs regulations covering its version of Definition of an Internet Applica

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On February 6, 2006 the OFCCPs regulations
covering its version of Definition of an
Internet Applicant will take effect.
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Abbott Agilent TechnologiesAOL Aramark ATK Av
entis Bank of AmericaBausch
LombBearingPointBombardier LearjetCitiFinancial
Corning DeloitteDisney Federated First
Energy FirstMerit
FreescaleGillette Gulfstream Aerospace Henry
Schein Home Depot Honeywell Invitrogen J
P Morgan Johnson Johnson  KeyBankLillyLimi
ted BrandsMerrill LynchMicrosoftMotorolaNordst
romNorthrup Grumman
Pepsi Pfizer Randstad Rohm Haas Royal Bank o
f Canada Schering Plough Seagate Sprint Starbu
cks Symantec Tenet Healthcare Texas Instruments
US Trust Wachovia Wal-Mart Yahoo! Yum! Brand
s
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Strongly Recommended
SHRM 90 minute webcast on the Definition of an
Internet Applicant was presented on Thursday
November 4, 2005 by David Fortney, Partner,
Fortney Scott LLP and David Cohen, founder and
President, DCI Consulting Group, Inc. (available
on SHRM.orgs webcast archives)
Also, Federal Register, Friday October 7, 2005
DOL OFCCP 41 CFR Part 60-1 Obligation to Solici
t Race and Gender Data for Agency Enforcement
Purposes Final Rule .net/7/257/2422/01jan20051800/edocket.access.gpo.g
ov/2005/pdf/05-20176.pdf
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1. Why all the fuss (the short version)?
2. The Definition of an (Internet) Applicant
3. Records must be maintained.
4. Summary Thoughts and QA
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1. Why all the fuss (the short version)?
The OFCCP requires that federal contractors
obtain gender, race and ethnicity data on employ
ees and applicants.
UGESP 1978 Internet 1990s OMB 2000 March 4
29, 2004
October 7, 2005 February 6, 2006
Other shoe is falling when?
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2. The Definition of an (Internet) Applicant
If the following 4 criteria are ALL satisfied,
the person is an (Internet) Applicant
i) The individual submits an expression of
interest in employment through the Internet or
related electronic data technologies
ii) The contractor considers the individual for
employment in a particular position
iii) The individuals expression of interest
indicates the individual possesses the basic
qualifications for the position and
iv) The individual at no point in the
contractors 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 the position.
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2. The Definition of an (Internet) Applicant
i) The individual submits an expression of
interest in employment through the Internet or
related electronic data technologies
as long as the employer considers an expression
of interest through some form of internet or
electronic means then any and all other
expressions of interest through any other
accepted means (snail mail etc.) are also covered
under the Internet definition.
Implication Only 1 definition can cover a single
position. Best practice ALL positions are under
1 definition.
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2. The Definition of an (Internet) Applicant
ii) The contractor (employer) considers the
individuals for employment in a particular
position
considers means that the contractor assesses
the content of the expression of interest with
respect to the qualifications for a particular
position. An employer can establish a protocol to
not consider expressions of interest (as long as
it is numerically limited or random in nature
i.e. data management techniques that do not
depend on assessment of qualifications). An
employer can also not consider expressions of
interest if they arent submitted in the standard
established procedure or are unsolicited with
respect to specific positions.
Implication Think before you search. Sourcing
discipline is a must. Best practice Training is
an essential component.
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2. The Definition of an (Internet) Applicant
iii) The individuals expression of interest
indicates the individual possesses the basic
qualifications for the position and
basic qualifications means the
qualifications that appear in an employer
advertisement (i.e. found on company website,
newspaper etc.) or, alternatively, the criteria
established and used to search an external
database in advance of advertising.
AND meet non-comparative, objective and job-relev
ant criteria
Implication You will live or die on what you
write. Best Practice Knowledge, Skills, Experien
ce, Location, Compensation, NOTE Tests are not
basic qualifications
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2. The Definition of an (Internet) Applicant
iv) The individual at no point in the
contractors 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 the position.
removed means express statement no longer
interested OR passive demonstration of disintere
st (non-responsive, conflicting preferences
related to salary, location, etc.)
Implication required to solicit gender race and
ethnicity but not required to obtain it.
Best Practice Frequent deletion of candidates
not considered or removed.
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• 3. Records must be maintained.
• Internal
• All expressions of interest that you considered
  for specific positions (Resume/Profile)
  
• Candidates contacted regarding their interest in
  a specific position (Agents, etc)
  
• Every resume added to the database.
• Date each resume was added.
• Position for which each search of the database
  was made.
  
• Corresponding search criteria (time-stamped) for
  each search.
  
• External
• A record of the position for which each search
  was conducted
  
• The search criteria
• Date of the search
• All resumes found that meet basic qualifications
  and are considered.
  

Implications Significant alteration of sourcing
strategies. Best Practices Training is essential
. Monsters records of how your recruiters search
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4. Final Thoughts and QA
Keep your eye on the ball- This is about who is
an applicant not who you select (you already know
if you arent hiring diversity)

Training is priority 1. Partner with your
companys diversity function.
All jobs should be under this definition. Are
they? Dont assume.

EEOC? Keeping the promise to be consistent?
Fewer problems unqualified candidates. Problems
with qualified applicants will increase
immeasurable if your process isnt transparent.