Helping Organizations Comply with the OFCCP Ruling on Internet Applicants

All organizations that (a) have federal contracts and (b) post position openings on their website and accept applications electronically are subject to the final rule recently promulgated by the Office of Federal Contract Compliance Programs (OFCCP) defining Internet Applicants. An association of organizations recently hired HumRRO to provide expert advice on how member organizations can ensure compliance with the OFCCP rule. The initial intent of this project was to focus on one of the key parts of the OFCCP rule, namely, that job seekers indicate they possess the basic qualifications (BQs) for the posted position. The association had extensive job analysis data for their construction and skilled trade (CAST) jobs and, in 2007, contracted with HumRRO to use that data to identify BQs for CAST jobs.

Starting with the existing job analysis data, HumRRO recommended decision rules for identifying important skills and abilities that are required at entry to each CAST job. These skills and abilities were defined as BQs. They are job-related, that is, content valid, because they are based directly on a job analysis study. Potential applicants will be asked if they can meet all of the BQs for any position in which they express interest. If the answer is "no," then the individual does not meet OFCCP definition of an Internet Applicant.

As the project progressed, HumRRO realized that the existing job analysis data could also be used to address another key criterion of the OFCCP rule. This criterion states that the potential job applicant at no point in the selection process prior to receiving an offer of employment, removes himself or herself from further consideration or otherwise indicates that he or she is no longer interested in the position. Working with the same CAST job analysis data set, HumRRO recommended decision rules for identifying important job duties that will be performed after hire. These job duties do not meet the definition of a BQ because many of them will be trained after hire, and thus are not required to apply for a position vacancy. Still, member organizations may include realistic information about important job activities in their position postings to help job seekers understand what the position entails and thus assist them in making informed decisions about their interest in the position. Job seekers who indicate they are not interested in a position do not meet the definition of an Internet Applicant.

Lists of BQs and realistic job information, derived from existing job analysis data, were distributed to the association's member organizations. Each organization may incorporate the information in its online position openings. Member organizations may also use the information to ensure compliance with the OFCCP final rule on Internet Applicants.