What is meant by the terms "applicant" and "candidate" as they are used in the Uniform Guidelines? Does your company have any contracts with the federal government or plan to become a federal contractor in the future? .manual-search-block #edit-actions--2 {order:2;} How can the pool of expressions of interest be broadened? Contractors who are not compliant can be sued, audited, and face serious consequences. OFCCP Requirements. First, a contractor may implement data management techniques that do not depend on assessment of qualifications, such as random sampling, to reduce to a manageable number the resumes to be considered and, in turn, to be retained. Use recruitment sources that help you reach women and minorities. The precise definition of the term "applicant" depends upon the users recruitment and selection procedures. A basic qualification is objective if a third-party, with the contractors technical knowledge, would be able to evaluate whether the job seeker possesses the qualification without more information about the contractors judgment. The "basic qualifications" which an applicant must possess means qualifications that the contractor advertised to potential applicants or criteria which the contractor established in advance. Send letters to identified recruitment sources about job openings. 41 CFR 60-1.12(a). What happens if contractors use search criteria beyond the basic qualifications? Are employment tests considered basic qualifications? Accordingly, OFCCP would not consider VOIP an internet or related data technology under the Internet Applicant rule. As used in the Internet Applicant rule, the basic qualifications are those qualifications associated with the position filled. Note: where the contractor has received notice that a complaint of discrimination has been filed, that a compliance evaluation has been initiated, or that an enforcement action has been commenced, the contractor shall preserve all personnel records relevant to the complaint, compliance evaluation or enforcement action until final disposition of the complaint, compliance evaluation or enforcement action. recruiter to consult the listing of university-wide Good Faith Efforts and OFCCP's Employment Referral Resources for women, people of color, veterans, and individuals with disabilities (please . The FAQs are organized by category. What is the definition of an "Internet Applicant"? OFCCP (Office of Federal Contract Compliance Programs) holds federal contractors and subcontractors responsible for complying with the legal requirement to not discriminate on the basis of race, color, sex, sexual orientation, gender identity, religion, national origin, disability, or status as a protected veteran. The obligation to solicit demographic information from job applicants is not new. and the recruitment and community outreach programs implemented . Note that discrimination in recruitment also is prohibited by the Executive Order. Note that the Internet Applicant rule requires maintenance of records identifying job seekers contacted regarding their interest in a particular position. Request a Lever demo to learn more about how we equip federal contractors to meet their obligations for OFCCP compliance and help non-contractors support their DEI initiatives. What is the definition of "considers the individual for employment in a particular position," for purposes of the definition of "Internet Applicant"? The format can be as detailed as a system that automatically stores each search or as basic as a simple screen shot printed out and maintained in a file cabinet. Section 60-1.3(3) of the Internet Applicant rule explains that only data techniques that do not depend on an assessment of qualifications, such as random selection, are treated as data management techniques rather than consideration under the Internet Applicant rule. For starters, its the law for U.S. federal contractors. Would the submission of resumes via a fax be considered as expressing an interest under the Internet Applicant rule? When should contractors collect race, ethnicity, and gender data? Meet OFCCP mandatory job listing requirements and AAP goals, target underrepresented individuals with our network of 15,500+ community-based organizations, and receive on-demand documentation to ensure OFCCP audit success. Anapplicant tracking system (ATS)can help you effortlessly collect and confidentially store EEO, Disability and VETS data to conform with the OFCCPs March 2014 specifications and easily generate OFCCP reports and applicant flow logs as needed. Within this site, you will find opportunity to acquire the skills to ensure your organization's compliance with the obligations and requirements that are included in your federal contracts and subcontracts. This saves TA teams valuable time and ensures that, when federal contractors are called upon for their hiring records, they can rest easy knowing they have the info they need. Can a company use a BOT to search an external database to fill a position? Contractors with at least 150 employees and a contract of $150,000 are required to maintain the records for a period of two years. OFCCP/EEOC Training | Workforce Compliance | Affirmity Basic qualifications are the qualifications advertised to potential applicants as being required in order to be considered for the position. The term "candidate" has been included to cover those situations where the initial step by the user involves consideration of current employees for promotion, or training, or other employment opportunities, without inviting applications. Is there a minimum number of expressions of interest that must be considered when a data management technique is used to limit the number of expressions of interest? If a job fair recruiter suggests that a job seeker apply for a position through a specific requisition, and the job seeker fails to do so, is the job seeker an applicant or an Internet Applicant? TheOFCCPs mission is to ensure that federal government contractors and subcontractors comply with legal obligations to take affirmative action and prevent discrimination. The Internet Applicant rule addresses recordkeeping by federal contractors and subcontractors about the internet hiring process and the solicitation of race, gender, and ethnicity of "Internet Applicants.". Can the contractor screen for basic qualifications through questions in the on-line application? OFCCP will consider labor force statistics in evaluating whether the pool of expressions of interest to be considered produces disparate impact, comparing the representation of gender, race and ethnic groups in the pool selected for consideration with the representation of those groups in the relevant labor market. Training for the application of the Internet Applicant rule will be provided to field staff to ensure consistency. All federal contractors are required to implement certain processes while recruiting new employees to ensure they are making good faith efforts with outreach to racial minorities, individuals with disabilities, individuals of all genders, and veterans. How does this Internet Applicant rule change existing rules? The Internet Applicant rule explains that a contractor may conclude that an individual has removed himself or herself from the selection process or has otherwise indicated lack of interest in the position based on the individuals express statement or on the individuals passive demonstration of disinterest. Applicant Recordkeeping Requirements Q&A What other things should I know about applicants and recordkeeping? These requirements include: Maintaining additional personnel and employment records; setting recruitment and placement goals; inviting applicants and employees to voluntarily self-identify race and gender, and, when applicable, disability and veteran status; and reporting data on the demographic breakdown of applicants and employees. Can contractors use data management techniques as part of the database search to limit the number of resumes to be considered? Our training spans all topics required and recommended by OFCCP and EEOC, including Principles of Affirmative Action Virtual Workshop Recruiter Compliance Nothing in the final rule would prohibit a contractor from utilizing different basic qualifications for different positions with the same job title, keeping in mind that the basic qualifications must be advertised or established in advance, and must be noncomparative, objective, and relevant to the particular position. OFCCP Compliance: 7 Requirements for Compliance | Eddy On the internet, the most ubiquitous bots are the programs, also called spiders or crawlers, that access websites and gather their content for search engine indexes]. Is a contractor required to consider for employment every job seeker who expresses an interest in employment through the Internet and possesses the basic qualifications for a particular position? The initial screen for the first three basic qualifications narrows the pool to 10,000. A contractor must similarly retain records of all the basic qualifications used to develop a pool of Internet Applicants. @media (max-width: 992px){.usa-js-mobile-nav--active, .usa-mobile_nav-active {overflow: auto!important;}} Contractors have an obligation to refrain from unlawful employment practices regardless of how the term "Internet Applicant" is defined. The BOT may be used to search for basic qualifications for the position without retaining a copy of all resumes reviewed. Federal Register :: Obligation To Solicit Race and Gender Data for Can contractors utilize an employment test (such as a personality, knowledge or physical capability test) as part of the online application process? However, they leave a dangerous gap in accounting for candidates who never apply. These records must be maintained regardless of whether the individual qualifies as an "Internet Applicant" under 41 CFR 60-1.3. Federal contractor affirmative action and related requirements - Employer If so, you should familiarize yourself with the rules and regulations of the Office of Federal Contract and Compliance Programs (OFCCP) to ensure youre up to date on recruiting best practices. No. Second, a contractor may establish a search protocol under which it initially searches the database for resumes indicating an interest in the position (e.g., type of position, location, or salary sought by the job seeker). How will OFCCP determine whether a complex, technical qualification standard is objective? No. Welcome to OFCCP Contractor Compliance Institute! As an HR, posting a job requirement is a part of your job. As a Federal contractor or subcontractor, new OFCCP regulations directly affect your diversity recruiting actions. Whether the contractor has waited too long to solicit demographic data will depend on the facts, such as whether the delay caused the contractor to be unable to identify a substantial portion of its Internet Applicant pool, the length of time between identifying an individual as an Internet Applicant and making the final hiring decision, and whether the contractor had reason to know that the delay would decrease its ability to receive responses to its solicitation of demographic information. It's even more difficult if the hiring practices in your office are largely done manually. Positions lasting three days or less "Executive and senior management" is defined by OFCCP's regulations as jobs meeting the executive exemption under the Fair Labor Standards Act. The definition of "considers the individual for employment in a particular position" for purposes of paragraph 41 CFR 60-1.3(1)(ii) of this definition means that the contractor assesses the substantive information provided in the expression of interest with respect to any qualifications involved with a particular position. Diversity recruitment, a cornerstone of affirmative action, is also one of the most frequently cited violations in an OFCCP audit. 3 Ways to Attract (and Keep) the Best Candidates With a low unemployment rate, it has become harder to find talent to fill positions. /*-->*/. If an employer contracts with an employment agency to screen job seekers on its behalf, it would be prudent to address expressly in its contract with the employment agency the records the agency will be expected to maintain regarding searches made on the employers behalf. Companies under 50 employees and more than $10,000 in contracts: (1) Executive order - 11246: Do not discriminate on basis of race, color, religion, sex, or national origin; The contractor could be found in violation of Executive Order 11246 if it failed to maintain required records, such as the resume from an external resume database of each individual that met the basic qualifications or to collect the required demographic data on all individuals who met the four "Internet Applicant" criteria (i.e., those who met the "basic qualifications," even if additional screening was done based on additional qualifications).