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