An appropriate interpretation of OFCCP's Internet Applicant rule would say that all of the individuals who applied for jobs that were never filled may be removed from any applicant information submitted to OFCCP. Since OFCCP would be unable to create a nexus between these applicants and any person hired, it would be difficult for the agency to show there was inadequate outreach for these positions, and it would be difficult for the agency to show there was any kind of discrimination in the selection process. One could say that none of these candidates were "considered" (as required by prong 2 of the Internet Applicant rule) since there was ultimately no job to consider them for. One could also say that all of these candidates in essence withdrew from consideration under prong 4 since there was no job to consider them for. The only interesting twist to this situation is that the positions that were not filled will enter your data as part of the data metrics that will eventually need to be submitted under the revised veteran and disability regulations. However, even when you are asked to provide the data metrics, you are not required to provide "applicant flow" to OFCCP. You are simply required to provide totals and summaries. It appears from your question, though, that you do not need to provide data metrics to OFCCP, but instead are providing applicant flow to satisfy some other type of requirement. In these circumstances, I would suggest you omit information from requisitions which were never filled. If you want to discuss this situation further, feel free to contact me personally.

You can use this OFCCP audit checklist to ensure you're doing what is required to maintain OFCCP's regulations including VEVRAA, Section 503, and EO 11246. Or request a demo to streamline your compliance and recruiting efforts.