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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:

  • Expresses interest in employment through the Internet or related electronic data technologies, such as email, fax or resume databanks;
  • Is considered for a particular position;
  • Possesses the basic qualifications for that position (as defined in your job posting announcement);
  • Does not voluntarily remove him or her from consideration or otherwise indicates that he or she is no longer interested in the position.

With regard to applicants who submit resumes through the Internet, federal contractors who use external databases like must now track all records pertaining to the hiring process for a minimum of two years, including:

  • Copies of job postings;
  • All resumes received or considered for positions they intend to fill;
  • Information about the race, gender, and ethnicity of applicants;
  • Interview notes.

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. now offers Compliance, to assist federal contractors to meet their individual compliance obligations. Once the Compliance feature is activated, clients will be able to track and archive candidate search results. Additional features include:

  • Resume information, including position offered and job criteria, resume snapshot as viewed, and search date.
  • Highly tailored keyword search criteria and results limit the number of resumes returned in each search, thereby reducing candidate pool size and related record keeping.
  • Collection of race, gender, and ethnicity data from candidates on a voluntary basis.
  • "Notes" field to capture applicant status through the interview process.

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.
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