eQuest Compliance Update
San Ramon, CA — July 24, 2012 — The OFCCP posted the following new FAQs on the Internet Applicant Rule. To see all the Internet Applicant FAQs.
- Do contractors need to rewrite all their job descriptions to reference basic qualifications?
- A contractor uses software to search a large resume database for job seekers who are the “best fit” for the qualifications required for a particular position. The software uses a “hit” feasture that identifies and ranks candidates who best match the job qualification search criteria. Is the software a data management technique such that resumes reviewed by the software have not been considered for a particular position?
- If a contractor believes that a search of a large external resume database will identify a large number of resumes meeting the basic qualifications for a position, how may the contractor reduce the number of resumes it will be required to retain as a result of the search?
- Section 60-1.3(5) of the Internet Applicant rule states that one way a contractor can conclude that a job seeker is not interested in a position is the individual’s passive demonstration of disinterest shown through repeated non-responsiveness to inquiries from the contractor about interest in the position. How many times must a contractor attempt to contact an individual to conclude that he or she has shown disinterest through “repeated non-responsiveness to inquiries”?
- Do contractors need to retain records of searches that do not produce any candidates with basic qualifications?
- Some contractors search large, external resume databases that for a fee will maintain, on behalf of the contractor, copies of resumes identified by the contractor as meeting the basic qualifications for a particular position. Is it possible for contractors to comply with Internet Applicant recordkeeping without having resumes maintained on their behalf by the external resume database?
- If a covered employer contracts with an employment agency to screen and refer job seekers using the employer’s selection procedures, what records must be maintained?
- Can a contractor ask a recruiting firm to keep, on its behalf, the records required by the Internet Applicant Final Rule?
- How can a recruiting firm that is not a federal contractor or subcontractor obtain a certificate indicating that its practices are in compliance with OFCCP’s recordkeeping requirements?
- How can a recruiting firm that is not a federal contractor or subcontractor obtain a certificate indicating that its practices are in compliance with OFCCP’s recordkeeping requirements?
- If the Internet Applicant recordkeeping standards apply to hiring for a particular position and the contractor receives paper resumes for the position from job seekers at a career or job fair, does the contractor need to retain the paper resumes received?
- Must a contractor retain resumes when the contractor’s representative meets with students on campus recruiting trips to discuss general jobs for which a student may be qualified if the contractor advises all students they must apply through the contractor’s web site to be considered for a particular position?
- Some contractors search small, external “niche” or “diversity” resume databases that do not have the resources to maintain, on behalf of contractors, copies of resumes identified by contractors as meeting the basic qualifications for a particular position. How can contractors use these databases and comply with the resume retention requirement of the Internet Applicant rule?
The foregoing has been prepared for general information by Workplace Dynamics. It is not meant to provide legal advice with respect to any specific matter and should not be acted upon without professional counsel. If you would like to contact Workplace Dynamics they may be reached at: www.workplace-dynamics.com