OFCCP has historically maintained that job seekers can become a contractor’s Internet Applicant even if the job seeker did not apply to the contractor directly if the contractor considers the job seeker’s resume on a third party resume database and meets the rest of the Internet Applicant definition. OFCCP has taken the position that pipelining candidates for future positions may make them Internet Applicants. The definition requires submission of an expression of interest, but does not specifically require the submission be to the contractor directly. For example, imagine a contractor reviews 10 identical resumes on LinkedIn that fit an open vacancy, ignores the seven from women and men with Asian or Hispanic sounding names and contacts only the three remaining males for informational interviews. In this situation, OFCCP might take the position that all 10 are Internet Applicants for whom the contractor must account in its records, as none of the seven job seekers who were not contacted have as yet shown a lack of interest in the contractor’s job. Many commercial resume databases have features that automatically track these types of searches performed in the resume database along with reporting tools on those searches for OFCCP compliance. OFCCP’s definition of Internet Applicant is found at 41 C.F.R. § 60-1.3 and its recordkeeping rule is found at 41 C.F.R. 60-1.12.
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.