Labor E-Bulletin - OFCCP AAP's Need to be Updated and Additional Reports Kept
February 3, 2006
Employers covered by OFCCP need to update their affirmative action programs and keep more records.
Effective February 6, 2006, new regulations regarding OFCCP‑required affirmative action programs take effect. The new regulations define “internet applicants” for purposes of the employer’s impact analysis and recordkeeping obligations. Employers subject to OFCCP are directed by that agency to solicit demographic information (gender, race, ethnicity) from their job applicants, including internet applicants as defined by the new regulations.
The regulations say an internet applicant is an individual (1) who expresses interest through the internet or related electronic data technologies, (2) whom the contractor considers for employment in a particular position, (3) whose expression of interest indicates he or she possesses basic qualifications for the position, and (4) who, at no point prior to receiving a job offer, removes him or herself from consideration or otherwise indicates he or she is no longer interested in the position. Covered employers must track applicants who meet this definition and include them in the impact analysis of the hiring process.
The new regulations also include new recordkeeping requirements, including records relating to internet applicants and any internal or external resume database the contractor searches, such as:
Affirmative action programs must be updated every year. Regardless of whether it is otherwise time to update your affirmative action program in accordance with the annual requirements of the OFCCP, covered employers who obtain applicants through the internet, job banks, e‑mail, resume databases or similar electronic technologies, need to design and adopt ways to comply with the new regulations.
We at Taft are available to assist any employer with updating its Affirmative Action Program, analyzing the data gathered, and complying with these new regulations.
Effective February 6, 2006, new regulations regarding OFCCP‑required affirmative action programs take effect. The new regulations define “internet applicants” for purposes of the employer’s impact analysis and recordkeeping obligations. Employers subject to OFCCP are directed by that agency to solicit demographic information (gender, race, ethnicity) from their job applicants, including internet applicants as defined by the new regulations.
The regulations say an internet applicant is an individual (1) who expresses interest through the internet or related electronic data technologies, (2) whom the contractor considers for employment in a particular position, (3) whose expression of interest indicates he or she possesses basic qualifications for the position, and (4) who, at no point prior to receiving a job offer, removes him or herself from consideration or otherwise indicates he or she is no longer interested in the position. Covered employers must track applicants who meet this definition and include them in the impact analysis of the hiring process.
The new regulations also include new recordkeeping requirements, including records relating to internet applicants and any internal or external resume database the contractor searches, such as:
- records of each resume added to an internal database
- the date the resume was added
- records relating to the position for which each search of an internal or external database was made
- the substantive search criteria used for each search
- the date of each search
- and the resumes of job seekers who met the basic qualifications for the particular position who were considered by the employer.
Affirmative action programs must be updated every year. Regardless of whether it is otherwise time to update your affirmative action program in accordance with the annual requirements of the OFCCP, covered employers who obtain applicants through the internet, job banks, e‑mail, resume databases or similar electronic technologies, need to design and adopt ways to comply with the new regulations.
We at Taft are available to assist any employer with updating its Affirmative Action Program, analyzing the data gathered, and complying with these new regulations.
