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DOL issues final rule modifying OFCCP applicant recordkeeping requirements.

The Department of Labor's ("DOL") Office of Federal Contract Compliance Programs ("OFCCP") has issued a final rule modifying OFCCP recordkeeping requirements to address challenges presented by the use of the Internet and other electronic data technologies in contractors' recruiting and hiring processes. OFCCP requires federal contractors to obtain certain information from employees and applicants, including race, gender, and ethnic information. This requirement exists in order to further the contractors' mission of the administration of nondiscrimination and affirmative action requirements. According to the agency, the final rule will succeed in doing the following: (1) clarifying recordkeeping requirements by requiring contractors to maintain applicant expressions of interest through the Internet or other electronic data technologies; (2) defining an "Internet Applicant" as an individual who expresses interest, through the Internet or other electronic data technologies, for an open position; and (3) allowing for the use of "basic qualifications" in the consideration of Internet Applicants. According to the agency, under this rule, contractors will be required to solicit race, gender, and ethnic information from anyone who qualifies as an "Internet Applicant." Because contractors might need sufficient time to implement the technological changes involved with this rule, such as acquiring and testing technology, OFCCP established an effective date of 120 days after the date of publication of the final rule in the federal register. This rule becomes effective February 6, 2006. (70 Fed. Reg. 58946, 10/7/05)

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Title Annotation:Regulations
Publication:Contract Management
Date:Dec 1, 2005
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