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Subscribe by EmailWho is an Applicant?
We just got a tip by email from David Manaster of the Electronic Recruiting Exchange about the new regulation defining an applicant.
See the definition and some questions and comments about it.
David asked for our thoughts.
Michael is following this issue more closely than me, but may not have time to respond, so here’s my best shot.
The issue has become problematic because of recordkeeping requirements for government contractors relating to applicant flow. The issue may also be important for disparate impact hiring cases, in which statistical “applicant flow” analysis requires a known pool of applicants so that the impact of the selection process on protected groups within the applicant pool can be determined.
There always was an ambiguity about unsolicited resumes. Electronic jobsearching has aggravated this by allowing applicants to flood employers with resumes and/or electronic applications. The regulation establishes that only those who are considered for a particular position and whose resume or application indicates they meet its basic qualifications are deemed applicants.
So my interpretation would be that persons submitting unsolicited electronic resumes or applications not directed at or reviewed in connection a specific opening would not be applicants. Nor would those whose submission does not disclose they meet a basic qualification such as a degree or industry experience.
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Nice catch, George. I took a very fast peek at the final definition. There is an elaborate discussion of the comments that the OFCCP received in connection with the proposed definition, and they have made some changes. The changes seem relatively minor, however.
EEOC has apparently not finalized its definition. I’m very curious to see what will happen should EEOC adopt a version similar to what it initially proposed.
Things could get messy!