There's no specific regulation that would prohibit what you want to do -- the compliance issue is one of record keeping and subsequent analysis. However, I do have a word of caution having to do with an employer's motivation for doing this -- including how frequently it's done. You should be concerned if the change to "make the job seem more flexible or more relatable" to a larger population of potential applicants is REALLY to justify selecting one of the applicants to the first job posting who was not qualified for the job AS IT WAS POSTED. The OFCCP would be much more likely to challenge this if a contractor had, in fact, already chosen who it wanted and was now simply trying to "clean up the record" in order to match the qualifications of the person it had chosen for the "new job". I'm sure this is not your company's motivation, but I have seen this happen. While the employer is absolutely within its rights to modify jobs and job postings, perhaps simply because it hadn't attracted any or sufficient job seekers who had the qualifications it initially thought it needed. But there is always an obligation is to ensure a fair and equal opportunity for everyone to be treated fairly in the selection process for the "new" job. Since you have CHANGED THE JOB your record retention obligations are limited AS TO THE ORIGINAL REQUISITION/POSTING. I recommend that you cancel the original posting retaining those job seeker records, if any, in accordance with the Internet Applicant rule but make the record that no selection was made. Ergo, none of those job seekers/Internet Applicants will be included in your discrimination analysis -- you did not make a choice/fill the job. Treat this situation the same way you would treat any other cancelled requisition. I then recommend that you create a NEW requisition and post the NEW opportunity with the new title, content, and -- I presume -- new "basic qualifications" (and preferred qualifications if you so desire). Associate all job seekers/Internet Applicants who apply TO THE NEW REQUISITION with the new posting and follow the Internet Applicant rule for record retention and discrimination analysis as usual. DO NOT "move" any of the job seekers from the first requisition to the new requisition! You may not "consider"/"re-consider" ANY of the individuals who applied to the first posting UNLESS THEY APPLY TO THE NEW POSTING. However, as long as you engage in your usual affirmative recruitment to all groups you may, if you wish and in addition to that recruiting, reach out to some/any of the earlier job seekers and invite them to now apply to the new job. If any do express interest in the new/different job, they must compete in the usual way with those who are expressing interest for the first time. The compliance obligation is that the process be fair, treating all who express interest in the new posting in accordance with the employer's usual competitive selection criteria and selection decision making. I hope this comment is helpful; best wishes!
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