The Office of Federal Contract Compliance Programs (OFCCP) recently published final rules concerning the definition of "Internet job applicants" for whom contractors must attempt to collect gender, race, and ethnicity information. Individuals who meet all of the following criteria will be considered "Internet applicants": (1) the individual submits an expression of interest in employment via the Internet or related technologies such as email; (2) the employer-contractor considers the individual for a specific position; (3) the individual possesses the basic qualifications for the position; and (4) the individual does not remove himself or herself from the selection process or disclaim interest in the job.

Employer-contractors should retain appropriate records on such individuals. To limit retention burdens, an employer-contractor may establish a process specifying that it will not consider expressions of interest unless they conform with its standard procedures (e.g., rejecting unsolicited resumes or submissions that do not identify the position sought).

he final rules were published in the October 7, 2005 Federal Register, and will become effective 120 days after publication.

The OFCCP also announced it is sending out "advance notice" letters of audit for the second year in a row. Approximately 225 such letters are being sent to corporate headquarters notifying that some of their establishments may be scheduled for compliance reviews in fiscal year 2006. Scheduling letters will then be sent to individual establishments.

Julia Turner Baumhart

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