A Guide to Satisfying OFCCP Internet Applicant Rules

HR Resource
August 7, 2012 — 2,510 views  
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The Office of Federal Contract Compliance Programs (OFCCP) deals with the record keeping completed by federal contractors and subcontractors. While these parties might encounter internet applicants, the OFCCP created guidelines relating to hiring candidates who submit online applications.

With the OFCCP internet applicant rules, this agency created specific regulations that must be followed.

What defines an internet applicant?

An internet applicant is a job seeker who applies for work through the web or related electronic data technologies. According to the OFCCP, there are four criteria that define an internet applicant.

1. Submission of an expression of interest - An applicant provides an expression of interest in employment through web-based technologies. This expression could include an application, resume or any material that allows a person to show his or her desire for an available position.

2. Consideration for employment - The employer might review a candidate's submission, as he or she considers this job seeker for a specific position.

3. Review of qualifications - An expression of interest typically provides background and experience that help determine if an applicant is suitable for a certain job.

4. Offer for employment - An applicant might receive the opportunity to accept a position with the contractor or subcontractor. However, this candidate may remove himself or herself from consideration if he or she is no longer interested in the employment opportunity.

What must employers do to satisfy the OFCCP's record keeping requirements?

Adverse consequences could affect businesses that fail to follow the OFCCP's record keeping requirements. Companies should consider data management techniques, as these give businesses the opportunity to maintain control of their records.

While businesses must keep information on hand about applicants who are being considered for a position, no mandate exists that determines whether they should keep other expressions of interest on file. This makes it easier for companies to track their applications, as these businesses do not necessarily have to maintain records from other job seekers.


Human resource professionals should keep in mind that the records of all candidates who submit expressions of interest and are considered for employment must remain on file. This applies to situations in which a job seeker has removed his or her name from consideration as well. Additionally, while a candidate might lose interest in a position, the contractor has no legal obligation to solicit demographic data if the applicant has not previously done so. 

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