Slide1 l.jpg
This presentation is the property of its rightful owner.
Sponsored Links
1 / 39

The New OFCCP Internet Applicant Recordkeeping Rule PowerPoint PPT Presentation

The New OFCCP Internet Applicant Recordkeeping Rule Purpose of the Rule Defines “Internet Applicant” – a job seeker applying for work through the Internet or related electronic data technologies from whom contractors must solicit demographic information

Related searches for The New OFCCP Internet Applicant Recordkeeping Rule

Download Presentation

The New OFCCP Internet Applicant Recordkeeping Rule

An Image/Link below is provided (as is) to download presentation

Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author.While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server.


- - - - - - - - - - - - - - - - - - - - - - - - - - E N D - - - - - - - - - - - - - - - - - - - - - - - - - -

Presentation Transcript


Slide1 l.jpg

The New OFCCP Internet Applicant Recordkeeping Rule


Slide2 l.jpg

Purpose of the Rule

  • Defines “Internet Applicant” – a job seeker

    applying for work through the Internet or

    related electronic data technologies from whom

    contractors must solicit demographic information

  • Prescribes the records contractors must maintain

    about hiring done through use of the Internet or

    related electronic data technologies

  • Explains the records OFCCP will require

    contractors to produce when evaluating whether

    a contractor has maintained information on

    adverse impact and conducted an impact

    analysis under the Uniform Guidelines on

    Employee Selection Procedures (UGESP)


Slide3 l.jpg

Collection of Demographic Data

  • Contractors are required to solicit

    race, ethnicity, and gender data from

    all individuals who are “applicants”

    for employment.

  • The rule imposes no new obligation

    to solicit race, ethnicity, and gender

    data.


Slide4 l.jpg

Collection of Demographic Data (cont’d)

  • The rule does not mandate a specific time or

    point in the selection process that contractors

    must solicit this demographic information, so

    long as the information is solicited from all

    applicants.

  • Nothing in the rule precludes a contractor from

    voluntarily collecting data from job seekers who

    are not applicants, as long as such information

    is used only for purposes of the contractor’s

    affirmative action and equal employment

    opportunity programs.


Slide5 l.jpg

Definition of Internet Applicant

Four criteria must be satisfied in order for a job seeker to be considered an “Internet Applicant”


Slide6 l.jpg

Four Criteria

  • Individual submits expression of interest through Internet or related electronic data technologies

  • Contractor considers individual for employment in a particular position

  • Individual’s expression of interest indicates basic qualifications for position

  • Individual does not remove him/herself from consideration prior to job offer


Slide7 l.jpg

1. Expression of Interest

Job seeker submits an expression of interest in employment through the Internet or related electronic data technologies


Slide8 l.jpg

Internet Technologies

While the rule does not specifically define the term “Internet or related electronic data technologies” because technology is rapidly evolving, the preamble refers to the following examples: email, resume databases, job banks, electronic scanning technology, applicant tracking systems/applicant service providers, and applicant screeners.


Slide9 l.jpg

Expression of Interest (cont’d)

  • An individual’s posting of a resume

    on a commercial resume database

    is generally sufficient to satisfy the

    “expression of interest” requirement.

  • Note: an individual is not an

    “Internet Applicant” unless all four

    criteria are satisfied.


Slide10 l.jpg

Expression of Interest (cont’d)

  • Includes all expressions of interest,

    regardless of the means or manner in

    which made, if the contractor considers

    expressions of interest made through

    Internet or related electronic data

    technologies in the recruiting or

    selection processes for that particular

    position.


Slide11 l.jpg

What if the contractor considers both electronic & paper express-ions of interest?

When a contractor considers expressions of interest via both the Internet or related technologies and paper applications, the “Internet Applicant” rule applies.


Slide12 l.jpg

What if the contractor does not use the Internet or consider any electronic submissions?

  • For those positions for which the

    contractor does not use the Internet

    or related electronic data technologies,

    the traditional (paper) OFCCP record-

    keeping standards apply.

  • I.e., contractors must solicit demographic

    information from job seekers who are

    applicants under the definition of

    “applicant” contained in UGESP Q&A 15.


Slide13 l.jpg

2. Considers

The contractor “considers the individual for employment in a particular position” means the contractor assesses the substantive information provided in the expression of interest with respect to any qualifications involved with a particular position.


Slide14 l.jpg

Considers (cont’d)

“Under this definition, ‘considers’ involves the assessment of the job seeker’s qualifications against any qualifications of a particular position, including a determination of whether a job seeker meets the basic qualifications for the position.”

-- Preamble to Applicant Final Rule


Slide15 l.jpg

Protocols

Contractors may establish protocols under

which they will refrain from considering

  • expressions of interest where:

  • Standard submission procedures

    are not followed

  • Resumes are not submitted for a

    particular position

Actual practice must consistently and uniformly follow the protocol.


Slide16 l.jpg

Data Management

If there are a large number of expressions of interest, a contractor may use data management techniques to reduce the number considered. For example:

  • Random sampling

  • Absolute numerical limits

The sample must be appropriate in terms of the pool of those submitting expressions of interest – i.e., does not produce a disparate impact and is facially neutral.


Slide17 l.jpg

3. Basic Qualifications

The expression of interest must indicate that the individual possesses the basic qualifications for the position.


Slide18 l.jpg

Basic Qualifications (cont’d)

  • Advertised to potential applicants

    as necessary in order to be

    considered for the position; or

  • If the position is not advertised,

    established in advance by making

    and maintaining a record prior to

    considering any expression of

    interest for that particular position

    (e.g., simple external database

    searching)


Slide19 l.jpg

Basic Qualifications (cont’d)

Must also be:

  • Noncomparative

  • Objective

  • Relevant


Slide20 l.jpg

Non-comparative vs. Comparative Qualification

  • Noncomparative qualification –

    e.g., three years experience

  • Comparative qualification –

    e.g., top five most experienced

    candidates


Slide21 l.jpg

Objective vs. Subjective Qualification

  • Objective – e.g., a Bachelor’s

    degree in accounting

  • Subjective – e.g., a business

    degree from a “good school”


Slide22 l.jpg

Relevant Qualification

Relevant to performance of the particular position and enables the contractor to accomplish business-related goals.


Slide23 l.jpg

Basic Qualifications (cont’d)

  • Contractor may search a database for all “basic

    qualifications” by searching for the qualifications

    serially or in combination.

  • Contractor may search a database for some “basic

    qualifications” and screen for the remaining “basic

    qualifications” through other means (e.g., by

    e-mailing candidates).

  • Contractor may search a database for some, but not

    all, of the basic qualifications and not screen further for

    the remainder of the qualifications. If so, the contractor

    must solicit demographic data for individuals meeting

    the “basic qualifications” actually used for screening

    job seekers, provided the other applicant criteria are met.


Slide24 l.jpg

Example of Basic Qualification Search

  • A contractor initially searches an external

    job database with 50,000 job seekers for

    3 basic qualifications for a bi-lingual

    emergency room nursing supervisor job:

  • a 4-year nursing degree,

  • state certification as an RN, and

  • fluency in English and Spanish.

  • The initial screen for the first three

    basic qualifications narrows the

    pool to 10,000.


Slide25 l.jpg

Example of Basic Qualification

Search (cont’d)

  • The contractor then adds a fourth, pre-

    established, basic qualification, 3 years

    of emergency room nursing experience,

    and narrows the pool to 1,000.

  • Finally, the contractor adds a fifth, pre-

    established, basic qualification, 2 years

    of supervisory experience, which results

    in a pool of 75 job seekers.

  • Under the rule, only the 75 job seekers

    meeting all five basic qualifications would

    be Internet Applicants, assuming the

    other three prongs of the “Internet

    Applicant” definition were met.


Slide26 l.jpg

4. Continued Interest

The individual at no point in the contractor’s selection process prior to receiving an offer of employment from the contractor, removes himself or herself from consideration or otherwise indicates that he or she is no longer interested in the position.


Slide27 l.jpg

Lack of Continuing Interest

  • Express statement of disinterest

  • Failure to respond to contractor’s inquiries

  • Statements made in the expression of

    interest indicating:

  • Incompatible salary requirements

  • Incompatible preferences as to

  • position or type of work

    • Incompatible preferences as

to location of work


Slide28 l.jpg

Data Management

  • If there are large numbers of job seekers meeting basic qualifications, data management techniques may be used to reduce the number of job seekers who must be contacted to discern interest in the position. For example:

  • Random sampling

  • Absolute numerical units

* Provided the sample is appropriate in terms of the pool of those meeting basic qualifications – i.e., does not produce a disparate impact and is facially neutral.


Slide29 l.jpg

Record Retention

  • The requirement to retain records

    regarding the hiring process is not

    a new obligation for contractors.

  • The requirement to retain records

    applies more broadly than the

    requirement to solicit demographic

    information from “Internet

    Applicants.”


Slide30 l.jpg

Retention of Expressions of Interest

  • Contractors must keep any and all expressions

    of interest through the Internet or related

    electronic data technologies as to which the

    contractor considered the individual for a

    particular position, except for expressions of

    interest from external resume databases.

  • For external resume databases, contractors

    must retain all expressions of interest considered

    for individuals who meet the basic qualifications

    for a particular position, even those of

    individuals who are not Internet Applicants.


Slide31 l.jpg

Record Retention (cont’d)

Internal Databases – contractor must maintain a record of:

  • Each resume added to database

  • Date each resume was added

  • Position for which each search

    was made

  • The substantive search criteria

    used in the search

  • Date of the search


Slide32 l.jpg

Record Retention (cont’d)

External databases – contractor must maintain a

  • Position for which each search was made

  • Substantive search criteria used in each search

  • Date of search

  • Resumes of any job seekers who met the basic

    qualifications for the particular position who are

    considered by the contractor (even if they do

    not qualify as Internet Applicants)


Slide33 l.jpg

Record Retention (cont’d)

  • All tests and test results

  • All interview notes

  • Records identifying job seekers contacted

    regarding their interest in a particular position

  • The race, gender, and ethnicity of each

    applicant or Internet Applicant, whichever is

    applicable


Slide34 l.jpg

Recordkeeping on Impact

When evaluating whether a contractor has maintained information on impact and conducted an adverse impact analysis under UGESP (41 CFR Part 60-3) with respect to Internet hiring procedures, OFCCP will require only those records relating to the analyses of the adverse impact of employee selection procedures on Internet Applicants, as defined in this rule, and analyses of tests used as employee selection procedures, regardless of whether the test takers were Internet Applicants.


Slide35 l.jpg

Discrimination Analysis

“OFCCP is proposing a definition of applicant for the limited purposes of OFCCP recordkeeping and data collection requirements pursuant to Executive Order 11246. Accordingly, OFCCP is not purporting to define who is an applicant for any purposes which would affect the substantive interests of any individual, such as for purposes of litigation of employment discrimination claims under any federal, state, or local anti-discrimination statute.”

- Preamble to Applicant Final Rule


Slide36 l.jpg

Enforcement

  • OFCCP will rely on census and other labor

    market data to assess a contractor’s hiring

    practices for potential discrimination and

    will carefully review the basic qualifications

    themselves.

  • OFCCP’s compliance evaluations will not be

    limited to an evaluation of those records

    produced by the contractor. OFCCP will look

    broadly at all aspects of a contractor’s

    compliance with its nondiscrimination

    obligations, including the possible adverse

    impact of screens for basic qualifications.


Slide37 l.jpg

Effective Date

  • The final rule becomes effective

    February 6, 2006.

  • As part of their affirmative action programs

    (AAP), contractors are required to analyze

    personnel activity data to determine

    whether there are selection disparities.

    The new recordkeeping requirements

    (in 60-1.12) will apply to data on hiring

    decisions made on or after February 6,

    2006. AAPs created before February 6,

    2006 will not need to be amended.


Slide38 l.jpg

Effective Date Enforcement

  • Under OFCCP’s enforcement discretion, for a period of 90 days following February 6, 2006, OFCCP will not cite a contractor for a purely technical recordkeeping violation for failure to comply with the final rule, provided that the contractor:

    • (1) demonstrates that it is taking reasonable steps to update its systems to comply with the rule, including a projected date of compliance, and

    • (2) collects and maintains records according to the established procedures consistent with OFCCP’s recordkeeping requirements that preexisted the Internet Applicant final rule, i.e., 41 CFR 60-1.12.  


Slide39 l.jpg

For Additional Information

Visit OFCCP’s website:

http://www.dol.gov/esa/ofccp/

You can contact OFCCP through the public mailbox at:

[email protected]


  • Login