OFCCP Poised to Publish Final Internet Applicant Definition

On July 5, 2005, the Office of Federal Contract Compliance Programs (OFCCP) sent to the Office of Management and Budget (OMB) a draft final rule providing new standards for applicant recordkeeping. The proposed rule, which was published on March 29, 2004, set forth four criteria that defined an “Internet Applicant.” First, the individual submits an expression of interest through the Internet or related electronic data technologies. Second, the employer considers the individual for employment in a particular open position. Third, the individual possesses the basic, advertised qualifications for the position. Fourth, when contacted, the individual does not indicate that he or she is no longer interested in the position.

In the preamble to the proposed rule, OFCCP noted that “the proposed rule creates differing standards for data collection for traditional applicants versus Internet Applicants for the same job.” OFCCP explained that it was “unsure whether this dual standard will provide OFCCP with meaningful contractor data,” and the agency expressly solicited comments on the subject. As expected, OFCCP received many comments from employers arguing that there should not be two different standards for the same job.

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