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We'll start with the infamous "I'm not a lawyer, and can't offer specific advice on whether something is legally sound." With that out of the way, let's explore your question. You asked if you can block specific candidates from expressing interest in positions. The general answer to this question is "Yes, so long as you do so in a non-discriminatory manner." Organizations block specific candidates or specific types of candidates routinely, and agencies such as EEOC or OFCCP will accept this approach so long as the candidates are not blocked for an impermissible reason. One of the standard ways in which organizations block candidates is to ask qualifying questions that are tied to a position's minimum (or in OFCCP parlance "basic") qualifications. For example, if an organization is seeking a mechanical engineer, and that position requires a four-year bachelor's degree in mechanical engineering, a legitimate question for all candidates would be "Do you have a four-year bachelor's degree in mechanical engineer?" Candidates who indicate "no" would be blocked from proceeding further. Another question an organization could ask would be "Have you ever lied when completing an application form?" Anyone who answers "yes" could be appropriately disqualified and could be prevented from moving forward in the selection process. In your situation, you are seeking to block certain specific candidates. One example you cite is the situation where an individual lied on his or her resume. This situation seems to be equivalent to the situation in which you ask a pre-screening question about whether a candidate has lied when completing an application form. You would be disqualifying the candidate for a legitimate, non-discriminatory business reason. Another way to think of this situation is as follows: organizations are not required to give additional consideration to candidates who could not be hired for an open position (unless the reason the candidate could not be hired is a discriminatory reason). As an example here, if an organization indicates that two years of experience are required for a position and a candidate does not have the two years of experience, the candidate could not be hired for the open position (or, at least, the candidate should not be hired) and the candidates should receive no further consideration. The using of an early screening technique to limit consideration of candidates to the subset of candidates who could be hired is typically going to be considered acceptable by EEOC and OFCCP. The one major issue your specific question raises involves the sentence "We are thinking of using this only when an individual has been proven to be someone we would not hire based on our company culture." We have found that "company culture" can encompass many different attributes, some of which prove problematic to agencies like EEOC and OFCCP. A company culture that prohibits dishonesty on application forms is something that most of us would agree is a positive trait. A company culture that seeks to replicate the demographics and attitudes of the company is something that OFCCP, EEOC, and others would potentially find unacceptable. In closing, then, there is a simple answer to your question about preventing candidates who have previously lied to your organization from expressing interest in future positions. EEOC and OFCCP would likely find this practice to be acceptable. However, a general lack of fit with your "company culture" would be found problematic by EEOC and OFCCP unless you can demonstrate that there are specific job-related, non-discriminatory traits associated with your company culture that are being incorporated into the screening and selection process. If you'd like to discuss this issue further, you may e-mail me directly.
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.