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OFCCP: Definition of Internet Application

ABA Contact: Cris Naser, 202-663-5332
Published: 69 Federal Register 16446
Comments Due: May 28, 2004
Disposition: Filed May 28, 2004

Summary

The Office of Federal Contract Compliance Programs (OFCCP) issued an additional proposal in conjunction with the recent joint proposal of the EEOC, OFCCP, the Department of Justice, and the Office of Personal Management to update the definition of "applicant" in the Uniform Guidelines with respect to individuals that use electronic communications to apply for jobs. OFCCP's proposal would § 60-1.3 to add a definition of "Internet Applicant."

Under the proposal, an Internet Applicant would be defined as:

  • A job seeker who has submitted an expression of interest in employment through the Internet or related electronic technologies;
  • The employer considers the job seeker for employment in a particular open position;
  • The job seeker's expression of interest indicates the individual possesses the advertised, basic qualifications for the position; and
  • The job seeker does not indicate that he or she is no longer interested in employment in the position for which the employer has considered the individual.

ABA Comments

OFCCP's proposal departs from Uniform Guidelines in that the collection requirements for race and gender information will apply to only those Internet Applicants that are "minimally qualified" for the job. ABA strongly supported the proposal because it will reduce the recordkeeping burden on federal contractors to a more reasonable level. ABA reiterated our adamant opposition to the limitation under the Uniform Guidelines that this guidance applies only to individuals who apply through electronic means.

2004 Regulations Chart
Federal Register
Comment Letter

Questions?  Please contact Cris Naser for more information.