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On Friday, October 7, 2005, new rules for the collection of race and gender data for Internet and related electronic data technologies was published in the Federal Register 41 CFR Part 60-1.
In 2000, the Office of Management and Budget (OMB) instructed agencies that were utilizing the Uniform Guidelines on Employee Selection Procedures (UGESP) to address the "issue of how use of the Internet by employers to fill jobs affects employer recordkeeping obligations" under UGESP. These agencies included the Equal Employment Opportunity Commission, The Department of Labor, The Department of Justice and the Office of Personnel Management.
In March of 2004, the
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Office of Federal Contract Compliance Programs (OFCCP) proposed to amend their regulations governing applicant recordkeeping requirements. After an obligatory period for comments from interested parties, the final proposal was submitted to OMB for approval.
The new rules, effective February 6, 2006, attempt to clarify how employers with Affirmative Action obligations must track applicants obtained through the Internet or related electronic data technologies.
Four criteria must be met to be considered an "Internet Applicant:"
The individual submits an expression of interest through the Internet or related electronic
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data technologies;
The contractor considers the individual for employment in a particular position;
The individual's expression of interest indicates the individual possesses the basic qualifications for the position; and
The individual at no point in the contractor's selection process prior to receiving an offer of employment from the contractor, removes himself or herself from further consideration or otherwise indicates the he or she is no longer interested in the position.
If an individual meets the criteria, the contrac
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