Wednesday, December 21, 2005

Federal Internet employment application rules

The Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) back on October 7,2005, issued final regulations defining “Internet applications” and specifying what information employers have to collect & maintain for employment applications received over the Internet for federal contract jobs.

OFCCP regulations require covered federal contractors/subcontractors to collect & maintain information about gender, race & ethnicity of employees and applicants for several purposes relating to contractors’ administration of nondiscrimination & affirmative action requirements, and the OFCCP’s role in monitoring compliance with other regulations. [ 41 CFR 60-1.12 (c),
65 FR 68023, and 65 FR 26091 are cited as explanatory]

· DOL press release
· 41 CFR Part 60-1
· 70 FR 58946 (Oct. 7, 2005)


A Law.com article (registration) earlier this month discusses corporate America’s concerns about the new rules and possible discrimination lawsuits ensuing.

In March 2004, the Equal Employment Opportunity Commission, along with the Department of Labor and Dept. of Justice, issued a “coordinated document clarifying recordkeeping provisions concerning who was an ‘applicant’ in the context of the Internet and related technologies.”

· 29 CFR Part 1607
· 69 FR 10152

Carson Strege-Flora, in the Shidler Journal for Law, Commerce + Technology on Oct. 24th., had an article entitled “Proposed Federal Definition of ‘Internet Job Applicant’ Suggests Need For Revised Human Resource Policies,” in response to the initial set of rules

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