M A L Y   C O N S U L T I N G   L L C
October 7, 2005

Compliance Alert

OFCCP Issues Applicant Definition

Covered federal government contractors and subcontractors have until February 6, 2006 to comply with regulations published in the October 7, 2005 Federal Register. The new regulations issued by the Office of Federal Contract Compliance Programs (OFCCP) provide the definition for an Internet applicant. However, the new definition also applies to traditional applicants when the employer considers both traditional and Internet applicants for a particular position.

Internet Applicant means any individual as to whom the following four criteria are satisfied:

(i) The individual submits an expression of interest in employment through the Internet or related electronic data technologies;

(ii) The contractor considers the individual for employment in a particular position;

(iii) The individual’s expression of interest indicates the individual possesses the basic qualifications for the position; and,

(iv) The individual at no point in the contractor’s selection process prior to receiving an offer of employment from the contractor, removes himself or herself from further consideration or otherwise indicates that he or she is no longer interested in the position.

A copy of the Federal Register notice is available on our website (www.malyconsulting.com/Resources): Applicant Definition Final Rule

Maly Consulting will be providing a more detailed report on the new definition but please give us a call if you would like to discuss what the new regulations mean to your organization.

(415) 454-4921
info@malyconsulting.com
Edward T. Correro, Esq.
www.malyconsulting.com
990 A Street, Suite 402 • San Rafael, CA 94901 • (415)454-4921 • Fax (415)454-4914
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