FAQs on Basic Qualifications

Selected from the OFCCP's website, following are frequently asked questions regarding basic qualifications under the Internet Applicant Recordkeeping Rule:

What is the definition of basic qualifications?

The "basic qualifications" which an applicant must possess means qualifications that the contractor advertised to potential applicants or criteria which the contractor established in advance. In addition, the qualifications must be:

• Noncomparative features of a job seeker (e.g. three years' experience in a particular position, rather than a comparative requirements such as being one of the top five among the candidates in years of experience);
• Objective (e.g., a Bachelor's degree in accounting, but not a technical degree from a good school); and
• Relevant to performance of the particular position.

Are employment tests considered basic qualifications?

No. Employment tests used as employee selection procedures, including on-line tests, are not considered basic qualifications under the Internet Applicant rule. Contractors are required to retain records about the gender, race, and ethnicity of individuals who take a test used to screen them for employment, regardless of whether the test takers are "Internet Applicants."


Can the basic qualifications be modified during the selection process, or do they need to be set prior to the beginning of the process?

All basic qualifications must be established prior to the selection process. Basic qualifications are the qualifications advertised to potential applicants as being required in order to be considered for the position. If the contractor does not advertise for the position but, for example, searches an external resume database, the contractor must make and maintain a record of basic qualifications to be used in the search prior to considering any expression of interest for that particular position.


Can contractors use different basic qualifications for the same job title?

As used in the Internet Applicant rule, the basic qualifications are those qualifications associated with the position filled. Nothing in the final rule would prohibit a contractor from utilizing different basic qualifications for different positions with the same job title, keeping in mind that the basic qualifications must be advertised or established in advance, and must be noncomparative, objective, and relevant to the particular position.

View OFCCP's Internet Applicant Recordkeeping Rule FAQ page.


For information on the services offered by THOMAS HOUSTON associates, inc., please call (800) 330-9000 or click here to schedule a convenient time to receive a call from a member of our Sales Team.


This information is intended to be educational and should not be considered legal advice on any specific matter.

OFCCP Leaves No Stone Unturned with Detailed Applicant Documentation Requests

Recent desk audits conducted by the Office of Federal Contract Compliance Programs (OFCCP) include broad follow up requests to provide extensive detail regarding the applicant selection process.

 

Following is an example of one follow up request for one position:

"All documentation (including any hand written notes and or emails)" regarding:

• who made determinations during the selection process (i.e. who made the determination to phone screen);
• interview decisions (i.e. who to forward, who would receive an offer);
• applicant decisions (i.e. not to be considered, to be considered for other positions, to withdraw from the selection process)

"All documentation (including any hand written notes and or emails)" taken during:

• screening
• interviews

"All documentation (including any hand written notes and or emails)" to show that [specified applicants]:

• did not want to be considered;
• did not meet the salary requirements;
• were not a good fit;
• were overqualified;
• did not meet minimum qualifications;
• refused work hours; and/or
• were unable to be contacted.

In anticipation of responding to a similar request, it is important to keep the following objectives in mind:

• Use control measures to ensure all records of selection activity and related documentation are objective and centrally contained; with no extraneous e-mails or personal notes;
• Use position requisition numbers to clearly identify applicants related to each position;
• Follow a consistent process* that includes disposition codes to manage the size and accuracy of applicant flow;
• Use applicant disposition codes that are related to the stated position qualifications;
• After a position is filled, review all applicant records for the position to ensure a disposition code as been assigned.

THOMAS HOUSTON associates, inc. can assist you in meeting the challenges that will arise as a result of the upcoming OFCCP's regulatory efforts. We offer pro-active and proven compliance tools and methods.

*Click Here to request a copy of our "Recommended Applicant Process Flow Chart"

For information on the Affirmative Action Program services offered by THOMAS HOUSTON associates, inc., please call (800) 330-9000 or click here to schedule a convenient time to receive a call from a member of our Sales Team.

This information is intended to be educational and should not be considered legal advice on any specific matter.