2006 OFCCP Ruling Made Easy!!


OFCCP (Office of Federal Contract Compliance Program), and the 2006 ruling on "Internet Applicants" have made things a little harder on everyone who does business with the government and have contract worth $150,000 or more. Below is the bare bones of the new OFCCP regulations.


Definition of an Internet Applicant:

An internet applicant who satisfies the below 4 criteria meet the definition:

* An individual who expresses interest in employment through the internet or other related electronic technologies(ORET).

* The company considers the individual for employment in a particular position.

* The individual's indicates they possess the basic qualifications(BQs) for the position by expressing interest and

* The individual does not indicate that they are no longer interested in the position, prior to receiving an offer.


The Regulation itself:

1. An individual submits an expression of interest through the internet or other related electronic data for employment.

            a. Modes of expression of interest:

                        1. Resume

                        2. Cover Letter

                        3. Application

                        4. Other similar forms

            b. Mode of electronic data technologies:

                        1. Email

                        2. External resume DBs(Data Bases), ie.. Monster, Dice etc...

                        3. Internal resume DBs, ATS(Applicant Tracking System), job banks, or HRIS(Human Resources Information Systems)

* Note the regulations definition of an internet Applicant applies only to those positions that the company advertises using the internet or other related electronic technologies.


2. The company considers the individual for employment in a specific position.

            a. An individual is considered as having been considered for employment for a specific position when the company assesses the substantive information provided to see if there is a match. Note the individuals must follow the company guidelines for submission to be considered and there for be held to these rules. Meaning if a company does not select unsolicited submission, anyone who submits and have not been asked to do so, would not fall under these rules.

            b. Also a company can use data management techniques to narrow down those for whom this ruling would apply. Example, having a cutoff date to apply, and then only looking at those individuals who met that date.


3. The individuals expression of interest indicates they meet the basic qualification for the position.

            a. Basic Qualifications are the pre determined requirements the company advertised via its position postings. example C++ for a developer role)

            b. Companies may screen for these basic qualifications.

4. There has been indication from the individual that they are no longer interested.

            a. Declining an invitation to interview is a withdrawal.

            b. Declining a job offer is a withdrawal.

            c. Failing to respond to company contacts is a withdrawal.

            d. A company may also remove a individuals from consideration if an individual's salary, relocation requirements do not match the position.


Recordkeeping Requirements:

1. Due to the new OFCCP requirements companies must keep records for internet applicants. Below are some of the requirements:

            a. Companies must maintain all internet or related electronic data technologies expressions of interest from individuals if the company considered the individual for a positions.

            b. Companies must maintain records identifying those individuals contact regarding their interest in a particular position.

            c. For internal resume databases(IRD) - ATS, HRIS etc companies must:

                        1. Maintain records of each resume added

                        2. The date they were added

                        3. The position for which each search of the IRD was made

                        4. The criteria used to search and when the search was done

            d. For external resume databases(ERD) - Monster, Dice etc companies must:

                        1. Maintain a record of the position a search was made for

                        2. Maintain a record of the search criteria used

                        3. The date of the search

                        4. A list if each resume returned in the search, of course only the ones that met the positions BQs must be kept.


* The length of time these records must be maintained is dependent on the size of the company.

            *Companies with fewer than 150 employee or contacts of at least $150,000 must maintain the records for at least 1 year.

            *Companies with more than 150 employees and a contract of $150,000 or more must maintain the records for at least 2 years.

* in both cases the start date for record keeping is from when the record was created or the date of the most recent activity whichever is later


Wow even simple that is allot. So below let's make it even simpler:


* You must keep records of all individuals who apply for a given position via the internet or ORET.

* This info must include, any and all methods used to find the candidate and determine if they meet the BQs and the dates of these actions.

*Candidates are considered to have removed themselves from contention when they verbally or in writing(including ORET) state they are not interested, refuse an interview, offer, or fail to reply to contacts form the company.

* records should be kept for 2 years.


Now that is simple


However keep in mind there are updates and changes to OFCCP all the time. ensure you keep up on them.



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