Criteria #4 of the Internet Applicant rule states that “The individual, at no point in the contractor’s selection process prior to receiving an offer of employment from the contractor, removed himself or herself from further consideration or otherwise indicated that he/she was no longer interested in the position.”

OFCCP then suggests in its FAQs that an employer can consider a withdrawal (passive disinterest to be shown) through several reasons, including “declining a job offer.”

This would seem contradictory to the rule, which specifically states “prior to the receiving an offer.” But at what point is the offer “received?” Is it only when the candidate accepts or is it simply when the offer is made?

It is unclear whether or not these individuals should be included in applicant pools. What would you consider as best practice in this scenarios?

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