Limiting the Applicant Data That Is Provided to OFCCP

Part 2 - Understanding Special Situations

In the first part of this two-part series, we discussed the fact that the applicant data that is provided to the U.S. Department of Labor's Office of Federal Contract Compliance Programs (OFCCP) is a critical piece of information in any affirmative action compliance review. We discovered that OFCCP's Internet Applicant rule provides a variety of ways to limit the applicant data that is submitted to OFCCP. We also identified a key idea in regard to the way that OFCCP examines applicant data:

OFCCP is interested in comparing data on the persons who could be hired for a company's positions to the persons who actually were hired.
 
In this article, we're going to examine a number of important situations that affect the applicant data that should be submitted to OFCCP. Before we continue, though, here's a short review of how the Internet Applicant rule works. The Internet Applicant rule provides a four-prong test to determine which job seekers should be counted as applicants and should thus appear in statistical reports provided to OFCCP. These four prongs are:

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; and,
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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Source: LocalJobNetwork.com
  

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