On February 6, 2006 the OFCCP’s regulations covering its version of Definition of an Internet Applicant will take eff

1. On February 6, 2006 the OFCCP’s regulations covering its version of Definition of an Internet Applicantwill take effect.

2. Abbott Agilent TechnologiesAOL Aramark ATK Aventis Bank of AmericaBausch & LombBearingPointBombardier LearjetCitiFinancialCorning DeloitteDisney Federated First Energy FirstMerit FreescaleGillette Gulfstream Aerospace Henry Schein Home Depot Honeywell Invitrogen JP Morgan Johnson & Johnson  KeyBankLillyLimited BrandsMerrill LynchMicrosoftMotorolaNordstromNorthrup Grumman Pepsi Pfizer Randstad Rohm & Haas Royal Bank of Canada Schering Plough Seagate Sprint Starbucks Symantec Tenet Healthcare Texas Instruments US Trust Wachovia Wal-Mart Yahoo! Yum! Brands

3. 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.org’s webcast archives) Also, Federal Register, Friday October 7, 2005 DOL OFCCP 41 CFR Part 60-1 Obligation to Solicit Race and Gender Data for Agency Enforcement Purposes: Final Rule <http://a257.g.akamaitech.net/7/257/2422/01jan20051800/edocket.access.gpo.gov/2005/pdf/05-20176.pdf>

4. 1. Why all the fuss (the short version)? 2. The Definition of an (Internet) Applicant 3. Records must be maintained. 4. Summary Thoughts and Q&A

5. 1. Why all the fuss (the short version)? The OFCCP requires that federal contractors obtain gender, race and ethnicity data on employees and applicants. UGESP 1978 Internet & 1990’s OMB 2000 March 4 & 29, 2004 October 7, 2005 February 6, 2006 Other shoe is falling… when?

6. 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 individual’s expression of interest indicates the individual possesses the basic qualifications for the position***; and iv) 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 further consideration or otherwise indicates that he or she is no longer interested in the position****.

7. 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.

8. 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 notconsider 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 aren’t 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.

9. 2. The Definition of an (Internet) Applicant iii) The individual’s 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-relevant criteria Implication: You will live or die on what you write. Best Practice: Knowledge, Skills, Experience, Location, Compensation, NOTE: Tests are not basic qualifications

10. 2. The Definition of an (Internet) Applicant iv) 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 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 disinterest (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”.

11. 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. Monster’s records of how your recruiters search

12. 4. Final Thoughts and Q&A Keep your eye on the ball- This is about who is an applicant not who you select (you already know if you aren’t hiring diversity) Training is priority #1. Partner with your company’s diversity function. All jobs should be under this definition. Are they? Don’t assume. EEOC? Keeping the promise to be consistent? Fewer problems unqualified candidates. Problems with qualified applicants will increase immeasurable if your process isn’t transparent.