Effective, February 6, 2006, Federal Contractors will have to maintain better records of applicants including those that apply through the Internet. The Office of Contract Compliance Programs (“OFCCP”) has defined an “Internet applicant” as an individual who is “considered for employment in a particular position.” Contractors are required to keep demographic data of their applicants. The OFCCP is also particularly concerned with the qualifications used to evaluate applicants. For example, comparative qualifications are prohibited. Although the rules have changed, pay particular attention to the rules that restrict the documents that must be recorded and retained. For more information about the October 7, 2005 OFCCP Final Rule, see www.dol.gov/esa/regs/fedreg/final/2005020176.htm.
The complete Executive Order 11246 can be found at the following link: www.dol.gov/esa/regs/fedregs/statutes/ofccp/eo11246.htm. Finally, the April 12, 2204 directive on contractor data retention requirements can be found at the following link: www.dol.gov/esa/regs/compliance/ofccp/directives/dir265.htm.
The information you obtain at this site is not, nor is it intended to be, legal advice.
You should consult an attorney for individual advice regarding your own situation.
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