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which an expression of interest is made for a particular job. What happens if you normally receive applicants for engineering positions through your web site and also accept paper resumes, but for this particular opening, you receive only paper resumes? The regulations appear to say you cannot apply the Internet applicant criteria for this job because you received only paper resumes. This results despite the fact that every other time you have openings for this job you used the new Internet applicant criteria because you receive on-line and paper applicants.
The OFCCP recognized the possibility that applying different data collection of traditional applicants vs Internet applicants might lead to a "dual standard" but failed to fully address the problem through the regulations. Contractors who have Internet applicants for some jobs and traditional applicants for
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others are left applying two different standards.
Our experience with OFCCP audits over the past few years has revealed that Compliance Officers frequently accept plans where contractors defined applicants as those having "minimum qualifications." So perhaps the Internet applicant definition will by practice be applied to all applicants regardless of the means by which they apply.
Another section of the Preamble stresses that the OFCCP may choose not to "rely on recordkeeping definitions to frame the appropriate analysis for liability or remedy purposes when alleging a violation…" They go to say the "OFCCP will rely on Census and other labor market data to assess contractors' hiring practices for potential discrimination." In light of these insights into OFCCP audit strategy, contractors would be well advised to compare the percent of women
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