Read All About It: New Internet Applicant Definition Causing Corporate Uproar
It was inevitable that, however defined, the new OFCCP guidelines for an Internet applicant would create some unhappiness, perhaps even confusion.
But from the initial reaction, it seems as though many federal contractors have a lot to prepare for in the next couple of months. That is when the new Internet applicant definition goes into effect.
Now, according to this law.com article, companies and lawyers have plenty to say about the new definition. Some of the comments include:
John Fox, an attorney, is quoted in the article as saying:
The government is getting the federal contractor community ready, through this regulation, for large-scale class action prosecutions.
But, Victoria Lipnic, an assistant secretary of labor, who oversees the Office of Federal Contract Compliance Programs, argues that:
many companies have readily admitted over the years that they’re simply confused about whose records they had to save and now the confusion is over, due to the definition that has been handed down.
Again, from a defense perspective, Kris Meade, a partner at Crowell & Moring, argues that companies are overwhelmed:
Companies are especially stunned about a new provision requiring companies to keep on file for two years the resumes of anyone considered for employment.
Others argue that the requirement to retain lots of records for two years is going to make it easier for even private attorneys to build a case against the company.
In my opinion, this is going to force companies to focus even more on clarifying job duties, identifying the necessary competencies, accurately assessing those competencies, and monitoring their numbers.
Elsewhere, I have written a little bit about some implications of the new OFCCP defnition of an Internet applicant.
Read more about the law.com article on reactions to the new OFCCP definition here.