| WVSCPA.org Frequently Asked Questions - OFCCP Internet Applicant Rule |
| Back
OFCCP Introduction
Get Started
|
1. Who has to comply?
2. What is the new definition of an "Internet applicant?"
3. What information related to Internet Applicants must be tracked to be in compliance?
4. For how long must the employer archive these records?
5. What are the potential penalties for noncompliance?
6. How can I activate the WVSCPA.org Compliance service to assist with compliance to the OFCCP rule?
7. How do I gain access to my data when I need it?
|
| 1. Who has to comply? |
The OFCCP regulations currently apply to all federal contractors and primary subcontractors who hold at least $10,000 in
Federal or federally-assisted contracts in any twelve-month period, regardless of employee size, and who use the Internet to
fill job openings. Banks and financial institutions that serve as depositories of Federal funds, or issue and pay U.S. savings
bonds and notes in any amount are also subject to the regulations.
Once an employer is subject to these regulations, all of that business’ operations and divisions will be subject to the
regulations, even if the Federal contract will be performed by only one of the divisions.
|
| 2. What is the new definition of an "Internet applicant?" |
An Internet Applicant is a job seeker who meets ALL of the following criteria:
- Expresses interest in employment through the Internet or related electronic data technologies, such as email, fax or resume databanks
- Is considered for a particular position
- Possesses the basic qualifications for that position (as defined in your job posting announcement)
- Does not voluntarily remove him or herself from consideration or otherwise indicates that he or she is no longer interested in the position.
|
| 3. What information related to Internet Applicants must be tracked to be in compliance? |
|
Employers must now track all records pertaining to the hiring process, including: copies of job postings; all resumes received
or considered for positions they intend to fill; information about the race, gender, and ethnicity of applicants; and interview notes.
|
| 4. For how long must the employer archive these records? |
|
All of this information must be kept for a minimum of two years, in the event that they are needed for any OFCCP review or audit.
|
| 5. What are the potential penalties for non-compliance? |
|
A contractor's federal contracts could be terminated, and it may be barred from future federal contracts. Fines paid by employers
a as a part of a "settlement" for non-compliance with OFCCP rules have been as high as $138,000. Non-compliance with OFCCP rules
also may leave an employer more vulnerable to lawsuits by employees and job applicants.
|
| 6. How can I activate the WVSCPA.org Compliance service to assist with compliance to the OFCCP rule? |
|
A federal government contractor can activate the new functionality by logging onto its account and completing the WVSCPA.org Compliance Request Form.
WVSCPA.org Compliance is NOT automatic; it must be requested in order to activate the tracking functionality.
|
| 7. How do I gain access to my data when I need it? |
|
You should contact us regarding extracting your data from our system when you need it. There is no charge for the tracking of your data,
but there will be a charge associated with extraction of the data depending upon the amount of data and format required.
|
|
The information contained on this web site is provided as a service and does not constitute legal advice. Use of this service does not ensure
compliance with the OFCCP Rule. We strongly recommend consulting with a qualified attorney for review of your OFCCP and other compliance programs.
|
| Information Links: |
Government Sites:
1. OFCCP Home page
2. OFCCP Record Keeping Rule FAQ's
3. Synopsis of OFCCP Requirements
4. U.S. Equal Opportunity Commission
5. Full Text of Final Rule 41 CFR Part 60-1 (PDF)
|
Suite
1201