Under the Internet Applicant Rule, individuals are considered "Internet applicants" if the following four criteria are met:

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

•    The contractor considers the individual for employment in a particular position;

•    The individual's expression of interest shows that the individual possesses the basic objective qualifications for the position; and

•    The individual does not withdraw from consideration prior to receiving an offer of employment.

When these four criteria are met, the individual is officially regarded as an applicant and the employer must meet specific data collection and recordkeeping requirements.

The final rule leaves untouched the remainder of the employment record retention requirements for federal contractors. Federal contractors must retain all records relating to employment decisions for two years (or one year if the contractor has less than 150 employees or no contract of at least $150,000).

Information that must be kept includes job advertisements, job postings, applications, resumes, interview notes, accommodation requests, tests and test results, personnel files, compensation levels, training and apprenticeships. Employers also must retain information related to hiring, transfers, promotions, layoffs and terminations.

The Equal Employment Opportunity Commission (EEOC) also may weigh in on this topic soon and advise federal contractors so be alert to future federal rulemaking that may further alter their recordkeeping obligations for job applicants.

For additional information please contact:

James Gutierrez
Career Resources, Inc.
760-633-3110 x 6701
james@eeo-aap.com