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OFCCP Job Fair FAQ

Published by on July 27, 2012

A recent “hot-button” issue for Government Contractors has been applicant tracking and Internet Applicant regulations.   The Office of Federal Contract Compliance Programs (“OFCCP”) recently updated its website to provide guidance to contractors on their obligation to retain resumes received for jobseekers at job fairs.  More after the break. The OFCCP states if the Internet Applicant […]

A recent “hot-button” issue for Government Contractors has been applicant tracking and Internet Applicant regulations.   The Office of Federal Contract Compliance Programs (“OFCCP”) recently updated its website to provide guidance to contractors on their obligation to retain resumes received for jobseekers at job fairs.  More after the break.

The OFCCP states if the Internet Applicant recordkeeping standards apply to hiring for a particular position and the contractor receives paper resumes for the position from job seekers at a career or job fair that:

The contractor needs to retain resumes only if it considers resumes received at the job fair for a particular position.  The contractor need not retain any resumes if its consistently applied practice is not to consider paper resumes received at a career or job fair.  For example, the contractor would not need to retain paper resumes offered at a job fair if it does not consider them and instructs all job seekers to post their resumes on the contractor’s web site and/or apply for particular positions on the web site.  The contractor should take care to apply such a protocol in a uniform and consistent fashion.  It is the contractor’s actual practice that determines whether the contractor has considered a resume. For example, if a contractor’s policy is to accept resumes only through its website, but its actual practice is to consider resumes received at a career or job fair as well, the contractor will be expected to retain both the resumes collected at job fairs as well as those submitted through the contractor’s website.

This clarifies what all contractors should (already) be doing.  If a contractor has a policy of requiring candidates to apply on online, all jobseekers, including those at job fairs, should be instructed to apply online.  Resumes should not be accepted in person.  Establishing this protocol will prevent the OFFCP from interpreting the situation as one where an individual’s credentials are considered at the job fair which could make the individual an “applicant” falling under the applicant recordkeeping requirements.

 A link to this FAQ and all others posted on the OFCCP’s website can be found here.

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