The OFCCP rule

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, and these employers must maintain recruiting documentation of each INTERNET APPLICANT's background, including their race, gender, and ethnicity. Federal contractors must adhere to staffing procedures that do 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.

Employers who are Federal Contractors are required to 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.

SourceCandidates.com and its network of websites offers OFCCP Compliance to help employers who are federal contractors comply with record keeping requirements. This service is free for any paid resume or job post package.

After posting any position please Contact Us to request this free record keeping service, and we will email to you a confirmation.

We will keep records of job postings, the resumes of each applicant, and if supplied by applicant the race, gender, and ethnicity of the applicant.

Our Resume Search & Screen service allows federal contractors to control the quantity of Internet Applicants and reduce these record keeping requirements, and uses so many unique sources as to ensure a diverse candidate pool.

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.

If you have any questions please call us at (630) 985-8600 or Contact Us.