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Record-Keeping on Job Applicants Is Eased

A new rule effective Feb. 6 clarifies record-keeping requirements for federal contractors who receive job applications via the Internet.

The Labor Department’s Office of Federal Contract Compliance Programs requires contractors to keep records of the gender, race and ethnicity of applicants so it can monitor compliance with nondiscrimination laws.

With the growth of online job boards and mass e-mailing of resumes, many business groups had argued that it would be unduly burdensome to collect information on everyone who e-mailed a resume or filled out a general application on a company’s website.

Under the final rule, a company is not required to collect information on unsolicited job applications that are submitted electronically but never considered. The rule says a contractor generally must keep records on Internet applicants only if “the contractor considers the job seeker for employment in a particular open position” and the individual appears to be qualified for the position.

The rule permits companies to adopt a policy of refusing to consider any unsolicited resume or application that does not relate to a particular job opening.

“The final rule simply requires contractors to maintain sufficient records to allow both the employer and [the compliance office] to monitor the contractor’s selection practices for potential discrimination,” Labor said in its explanation of the rule.


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