Employment Advisory: OFCCP Issues Final Rule on Internet Applicant Definition

Originally published January 11 2006

On October 7, 2005, the OFCCP issued its final rule regarding the definition of an "Internet Applicant" for data collection and recordkeeping purposes. It did so despite inaction of the signatory agencies to the Uniform Guidelines to finalize the additional questions and answers issued in March 2004. Covered government contractors are required to comply with the OFCCP’s final rule beginning February 6, 2006.

The Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) requires covered federal contractors to collect gender, race, and ethnicity data on employees and applicants. Contractors are required to submit this data to the OFCCP in connection with its annual EEO-1 reports and upon request by the OFCCP during a compliance audit. In the past, the OFCCP had defined an "applicant" as broadly as any "person who indicated an interest in being considered for hiring, promotion, or other employment opportunity," in