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OFCCP Definition of "Internet Applicant" Will Have Significant Impact on Covered Employers

The definition of an "Internet Applicant" has significant implications for federal contractors who recruit using that medium. The rule has four criteria that must be satisfied in order for a job seeker to be considered an "Internet Applicant." They are:

  1. An individual submits an expression of interest 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 that he/she possesses the basic qualifications for the position; and
  4. The individual does not remove him/herself from consideration prior to a job offer being made.

The rule allows contractors to refrain from considering expressions of interest if standard submission procedures are not followed or résumés are not submitted for a particular position. A contractor must maintain all expressions of interest from the Internet or related electronic data technologies if it considered an individual for a particular position, except expressions of interest from external résumé databases, where it must maintain a record of résumés from any job seekers who meet the basic qualifications of the position who are considered by the contractor (even if they do not qualify as "Internet Applicants").

Employers with Questions regarding this issue should contact Clint Davis @ 515-221-1718.

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