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What is OFCCP?

The Office of Federal Contract Compliance Programs(OFCCP), an agency of the U.S. Department of Labor's Employment Standards Administration, enforces Executive Order 11246 and other laws that prohibit employment discrimination by federal contractors. The agency monitors federal contractors to ensure that they take affirmative action to provide equal employment opportunities without regard to race, gender, color, religion, national origin, disability or veterans' status.
 
On October 7, 2005, the OFCCP issued a final rule clarifying who is an "Internet Applicant" in the context of the Internet and related technologies. The rule stipulates recordkeeping requirements relating to such job seekers ("Internet Applicants") and obligations to collect race, ethnicity and gender data. This rule goes into effect February 6, 2006.
 
The OFCCP is tasked with the responsibility of making sure that federal contractors demonstrate fair hiring practices with respect to race, gender and ethnicity. To help ascertain and measure "fairness," the OFCCP has defined a set of strict data collection and reporting guidelines. The definition of an "Internet Applicant" was developed to help companies limit the amount of data that they need to collect and report on. Only those candidates who meet the strict definition of an "Internet Applicant" are required to be included in an Adverse Impact Analysis which is submitted to the government in the event of an audit.
 
Definition of "Internet Applicant": According to the new rule, an individual is considered an "Internet Applicant" if each of the following four criteria are met:

1. The individual submits an expression of interest in employment through the Internet or related electronic data technologies.

2. The contractor considers the individual for employment in a particular position.

3. The individual's expression of interest indicates the individual possesses the basic qualifications for the position.

4. The individual at no point in the contractor's selection process prior to receiving an offer of employment from the contractor, removes himself or herself from further consideration or otherwise indicates that he or she is no longer interested in the position.


 
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