Latest Update on OFCCP’s Internet Applicant Definition and the Implications for Companies

Well, the deadline for compliance by covered companies for compliance with the new definition of an Internet Applicant is almost one month old now, and some companies are feverishly trying to get into compliance. At George’s Blawg, we have tried to keep you update with some of the interesting developments that have taken place in regards to this law. We have covered issues such as criticisms of the new definition, and how Monster.com has provided guidelines for employers.

Now, as an update, an excellent article in workforce.com raises some interesting points in regards to the OFCCP requirements, such as:

1. When will EEOC release its final definition of an Internet Applicant?

2. Is there a positive advantage of the OFCCP’s new definition?

3. Can companies search for talent without having specific, formal job openings?

4. Are there certain ways of searching through a candidate database that may be illegal under the OFCCP guidelines?

Some answers and personal comments follow next.

1. When will EEOC release its final definition of an Internet Applicant? According to the workforce.com article, an EEOC representative said that EEOC does NOT expect to take action in the near future on this. Personally, I heard some reliable sources say that they may never take action!

2. Is there a positive advantage of the OFCCP’s new definition? Some experts say that reviewing the new guidelines will force companies to think through their recruiting processes more carefully. I could not agree more. I think this offers companies the opportunity to really examine how they recruit (remember business process reengineering?)

3. Can companies search for talent without having specific, formal job openings? According to the article, “Strictly speaking, the rule does not apply to searches done without a particular position in mind.” Frankly, I thought we had moved to a more strategic and structured approach to HR; it surprises me that recruiters might search for talent without specific job openings. Now, I realize the whole issue about job descriptions being too rigid, etc. etc., but doesn’t there have to be some strategy to recruiting?

4. Are there certain ways of searching through a candidate database that may be illegal under the OFCCP guidelines? Yes. The article specifically points to “conceptual” search engines as having the potential for creating problems.

Go here for the article on the latest update on OFCCP’s definition of an internet applicant.

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