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New Rule Covers Internet Job Applications

The Labor Department has issued a new rule on record-keeping requirements for federal contractors who receive job applications via the Internet.

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

In its final rule, Labor says a contractor generally must keep records on Internet applicants only if “the contractor considered the individual for a particular position.” The rule also says contractors may adopt a policy of refusing to consider any “expressions of interest, such as unsolicited resumes, that are not submitted with respect to a particular position.”

Many business groups had protested that it would be unduly burdensome if contractors were required to keep records of all unsolicited resumes submitted by email or through their websites.

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

The rule is effective Feb. 6, 2006.


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