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Online Application Regulations

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Four criteria to be considered an "Internet Applicant":

  • The individual submits an expression of interest in employment through the Internet or related electronic data technologies
  • The employer considers the individual for employment in a particular open position
  • The individuals expression of interest indicates that the individual possesses the advertised, basic qualifications for the position
  • The individual does not indicate that he or she is no longer interested in employment in the position for which the employer has considered the individual

Based upon the proposed regulations there would have been two separate definitions; anyone who expresses an interestfor hard copies, and the definition above for internet applicants. The same definition of "Internet Applicant" now applies to internet expressions of interest AND traditional paper expressions of interest so long as the contractor considers both types of resumes or applications for a particular position. If the contractor considers only paper resumes and/or applications for a position, then the internet applicant definition no longer applies.

The newly-released Federal Register regulation (see below) also contains detailed descriptions and examples to help clarify each of the above issues. Contractors have until February 6, 2006 to be in compliance with the new regulations; however, it is likely based upon recent history (e.g., the OFCCPs recently-lapsed requirement that employers use the new 2000 race/ethnic codes by January 1, 2005), that there will be some lenience on this issue. That said, I would highly recommend employers err on the side of caution and begin making the necessary changes as soon as possible.

A PDF file of the new regulations can be found here: Department of Labor 41 CFR Part 60-1.