To be honest, the answer here is a resounding "maybe." There are many issues associated with passive recruitment and how OFCCP regulations apply to passive recruitment. OFCCP has never provided any clear guidance on the kind of circumstances you have described above, and the agency's response to the process you have outlined will depend on a variety of specifics that aren't apparent from what you have provided. One thing is clear: candidates should be required to express interest in a specific position if they are going to be hired. Recruiters should not be allowed to passively source candidates and then consider the candidates further without a formal expression of interest. There may also be a problem lurking in what you have described above. If you have created a "generic posting" that does not have appropriate basic qualifications, OFCCP will have concerns about how candidates are being considered. Every opening should have basic qualifications (and should really have preferred qualifications), even if a company is going to use passive recruitment to find candidates. The only time basic qualifications may not be needed is the circumstance where a company is building a candidate database for a variety of future openings. However, some people would argue even this approach is problematic for OFCCP. I'd like to provide a more effective answer here, but would need to write a lengthy treatise about passive recruitment, the creation of candidate databases, and the consideration of candidates who don't initially apply for a specific position. Hope what little I've provided is helpful.