The recordkeeping requirements with respect to resume database searches and the collection of information on gender and race/ethnicity are set forth in the Executive Order 11246 Internet Applicant Rule. OFCCP also published a very extensive FAQ that provides further guidance on these two requirements. OFCCP has long held that it considers LinkedIn as an external resume database. The regulations state that for external resume database searches, federal contractors and subcontractors are required to keep a record of the following: - A record of the position for which each search of the database was made - The date of the search for each search conducted - The substantive search criteria for each search conducted – such as experience, degree, location, industry, and key words used - The resumes of job seekers who met the basic qualifications for the particular position who you considered for the position. You are not required to maintain the resumes of individuals if you did not consider them for the position. You are also not required to maintain a record of searches that do not produce candidates that meet the basic qualifications. As for the EEO data collection, the FAQs state that, “Under the Internet Applicant rule, contractors are required to solicit race, ethnicity, and gender data from all individuals who meet the definition of "Internet Applicant" or the traditional definition of "applicant" depending upon which standard is applicable to the particular position. OFCCP does not mandate a specific time or point in the selection process that contractors must solicit this information, so long as the information is solicited from all Internet Applicants or traditional applicants, as appropriate.” Note however, that if you are a covered employer under VEVRAA and Sec. 503, you also have to collect voluntary data on disability and protected veteran status – and these, on the other hand, need to be collected at specific junctures: during the pre- and post-offer stages. The OFCCP does allow employers to screen out applicants who are not qualified before collecting demographic data, as stated in Question #9 of its Sec. 503 FAQs: “To harmonize Section 503's pre-offer invitation to self-identify requirement with Executive Order 11246's internet applicant recordkeeping provisions, OFCCP permits contractors to invite applicants to self-identify after they meet the internet applicant requirements, including the basic qualification screen.”
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.