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What is the OFCCP rule?
On March 4, 2004, the Office of Federal Contract Compliance Programs (OFCCP) issued a final rule on regulations which define an "applicant" who applies for employment via the Internet, as well as electronic tracking and record-keeping requirements. Currently, this rule is critical to federal contractors, who must track various criteria related to job applicants, including race, ethnicity, and gender of applicants and ensure that their hiring practices do not have a "disparate impact" on female and minority job applicants.
The rules apply a four part test to determine whether a candidate is an "Internet Applicant" and thus subject to special record-keeping requirements. An Internet Applicant is a job seeker who meets ALL of the following criteria:
With regard to applicants who submit resumes through the Internet, federal contractors who use external databases like Beyond.com must now track all records pertaining to the hiring process for a minimum of two years, including:
Contractors must also now track race, gender, and ethnicity data from job applicants. Identification is voluntary on the part of the applicant, and employers may make an identification based on visual observation in an interview if a candidate fails to otherwise self-identify.
Beyond.com now offers Beyond.com Compliance, to assist federal contractors to meet their individual compliance obligations. Once the Beyond.com Compliance feature is activated, clients will be able to track and archive candidate search results. Additional features include:
Additional information and helpful links may be found in our OFCCP FAQ's
The information contained on this web site is provided as a service and does not constitute legal advice. Use of this service does not ensure compliance with the OFCCP Rule. We strongly recommend consulting with a qualified attorney for review of your OFCCP and other compliance programs.
For Additional Information, call us at (866) 694-5627 or Contact Us.