New Regulation Clarifies Recordkeeping Rules For Online Job Applications
Within the past several years, the U.S. Department of Labor's Office of Federal Contract Compliance Programs (the "OFCCP") has promulgated regulations requiring federal contractors to maintain certain employment records for OFCCP compliance monitoring and other enforcement purposes. These regulations also require federal contractors to be able to identify, where possible, the gender, race and ethnicity of each applicant for employment. On October 7, 2005, the OFCCP issued a new regulation amending those recordkeeping requirements with respect to internet-based job applications. The regulation, which will become effective in February 2006, sets forth the first written standard on the definition of "internet application" for the purpose of the OFCCP's enforcement of non-discrimination laws, and applies to federal contractors who are subject to the OFCCP's recordkeeping provisions.
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