Support for the New OFCCP Rule
October 1, 2006
Disclaimer
This document provides
information of a general nature. None of
the information contained herein is intended as legal advice or opinion
relative to specific matters, facts, situations, or issues. Additional facts or information or future
developments may affect the subjects addressed in this document. You should consult with your General Counsel and
Human Resources Department about your particular circumstances on any of this
information and be aware of your company’s specific policies and procedures
related to the new OFCCP ruling.
The OFCCP final rule is
available at: http://www.dol.gov/esa/regs/fedreg/final/2005020176.htm
Contents
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Introduction
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2
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Summary of the New Rule
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2
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Record Keeping Requirements
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3
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infoGIST™ Support for OFCCP
Compliance
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Overview
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4
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OFCCP Log Activation
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5
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OFCCP
Log While Searching
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7
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GUI
Search
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7
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Search
Manager
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8
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Refine Search
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9
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Accessing
the OFCCP Log
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10
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Contents in the OFCCP Log
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11
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Additional Record Keeping Capabilities
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13
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Introduction
On October 7, 2005, the
Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP)
issued a final ruling regarding the definition of an “Internet Applicant”.
OFCCP regulations require
covered federal contractors and subcontractors to collect information about the
gender, race, and ethnicity for each “applicant” for employment. The final rule modifies OFCCP applicant
record keeping requirements to address challenges presented by the use of the
Internet and electronic data technologies in contractors’ recruiting and hiring
processes. The final rule is intended to
address record keeping requirements regarding “Internet Applicants” under all
OFCCP record keeping and data collection requirements.
The OFCCP final rule is
available at:
http://www.dol.gov/esa/regs/fedreg/final/2005020176.htm
Summary of the New Rule
The new rule, originally
effective February 6, 2006 then extended by 90 days to May 6, 2006, clarifies
the definition of an “Internet Applicant” for whom federal contractors are
required to maintain records of those individuals who must be solicited for
race/ethnicity and gender data.
According to the rule, an individual is considered an “Internet
Applicant” if each of the following four criteria are met:
§
The individual
submits an expression of interest in
employment through the Internet or related electronic data technologies.
§
The contractor
considers the individual for employment in a particular position.
§
The individual’s
expression of interest indicates the individual possesses the basic
qualifications for the position.
§
The individual at
no point in the contractor’s selection process prior to receiving an offer of
employment from the contractor, removes himself or herself from further
consideration or otherwise indicates that he or she is no longer interested in
the position.
Individuals who meet all four
of the criteria of this definition must be solicited for race/ethnicity and
gender information, and be included in an adverse impact analysis.
Record Keeping Requirements
The new regulations require
that contractors retain various records pertaining to Internet Applicants. The OFCCP established two different sets of
rules for records that must be maintained; one for internal databases and
another for external databases. With
respect to electronic resume database searches, the rule requires that the
following data be retained:
For internal resume databases
§
A record of each
resume that was added to the database
§
The date each
resume was added
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The position for
which each search of the database was made
§
The substantive
search criteria used for each search
§
The date of the
search
§
A record of job
seekers contacted regarding their interest in a particular position (even those
who reply that they are not interested)
Note: Record keeping for internal resume databases
are maintained by your Applicant Tracking System.
For external resume databases
§
A record of the
position for which each search of the database was made
§
The substantive
search criteria used
§
The date of the
search, and the resumes of any job seekers who met the basic qualifications for
the particular position and who are considered by the company
Practical Considerations
To ease the record keeping
burden for contractors, the new rule allows employers to establish “data
management techniques” to help narrow the applicant pool. In situations where there are a large number
of job seekers, the contractor can use random sampling or absolute numerical
limits to reduce the number of resumes it considers. To be acceptable to the OFCCP, these data
management techniques must be facially neutral and non comparative, and should not
depend on assessment of qualifications or cause an adverse impact on race,
ethnicity or gender. For example, you
can use infoGIST™’s relevancy ranking to select resumes above a certain
score.
infoGIST™ Support for OFCCP Compliance
Overview
The infoGIST™ Platinum
Recruiter product allows you to search a variety of Internet sites in order to
find resumes that best meet your search criteria based on a specific Job
Description / Job Requisition. The Internet
sites in the infoGIST™ Platinum Recruiter product are contained within one of
two buttons on the toolbar: Resume
Search and Detailed Search. The Resume
Search category has multiple sub-categories.
When you activate the OFCCP Log feature, infoGIST™ will record a search log
based on your search activity using the Categories and Subcategories pertaining
to resumes as outlined in the following table.
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Toolbar
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Category
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Category
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Sub-Category
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Resume Search
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All Free Resume Sources
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Free
Internet Resume Banks
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Web
Search Engines
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Web
Communities
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College and Universities
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Pay Resume Banks
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Subscription FEE Sites
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Pay and Free Resume Banks
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FEE Sites and Free Internet
Resume Banks
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Canadian Resume Banks
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Canada – Fee and Free Resume Banks
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European Resume Banks
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European Resume Banks
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Flip URL for Resumes
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Detailed Search
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Detailed Search Options
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When you run initially create
your search string, you can record pertinent information related to your search
criteria in a Comments field. Once answers are retrieved and scored, you
can perform multiple types of actions
with your results list that are recorded in the OFCCP Log including: Viewed action; Saved action - including Auto-Save
in Scheduled Search; Export Action; Contact action; and Refine Results action. For the
first four types of actions, if any, that were performed on each of the search
results during your search session, infoGIST™ writes an entry in the OFCCP Log. If you refine your results using the Refine
Results feature, infoGIST™ will record in the OFCCP Log the search string you last entered.
You have the option to invoke
a feature that will allow you to enter comments in a Comments field when you
initially create a search. At the end of
your search session, you will have the opportunity to append your comments. All information you enter in the Comments
field will be recorded in the OFCCP Log.
All information is recorded
in the OFCCP Log when you end your search session, specifically, before you
start another search or shut down the application.
infoGIST™ Support for OFCCP Compliance
OFCCP Log Activation
To activate the OFCCP Log
feature, open your Platinum Recruiter product, select the Options menu, and select
OFCCP Log from the drop-down list as shown below.
After you select OFCCP Log
from the drop-down list, a checkmark will be placed next to OFCCP Logging… and
the following dialog box will appear.
To activate the OFCCP Log
feature, click on box next to “Enable OFCCP logging to this folder:” after
which time a checkmark will appear. You can
choose to save the OFCCP Log by: 1)
Date; or 2) by your Req Number; or 3) by Date, then by Req Number. While the default option is Save by Date,
then Req Number, you may want to choose to save the data by your Req Number or
by the Date the search was run. You are
in control of choosing the option that best meets your individual needs. To choose a specific option, select the radio
button next to your option of choice.
You also have the option of
invoking a Comments field that will allow you to enter any information you deem
pertinent related to your search such as your selection criteria. The Comments field will appear when you
initially create a search and again when you end your search session, i.e. when
you start another search or shut down Platinum Recruiter. All comments entered will be cumulative and
will be recorded in the OFCCP Log. To invoke
this option, check the box next to “Prompt for final comments before new search
is started.
A second option allows you to
save each resume with your OFCCP Log in your OFCCP Log folder. With this option invoked, you can click on a link
in the OFCCP Log that will open the full-text resume.
To invoke either option,
click on the box next to the option and a checkmark will appear.
infoGIST™ Support for OFCCP Compliance
OFCCP Log Activation OFCCP Destination
Folder
In creating the OFCCP Log,
infoGIST™ will create a folder called My
infoGIST Data in the My Documents folder on the current user (account) of
the computer – and within the My infoGIST
Data folder a sub-folder called OFCCP. You can change the destination folder location
by clicking on the green arrow. For
example, you could change the destination folder location to write the OFCCP
Log to a folder on a LAN-connected PC.
To view the OFCCP Log, see
the instructions found on Page 9.
OFCCP Log De-Activation
To deactivate the OFCCP Log
feature, click on the OFCCP Logging… from the Options drop-down list after
which time the check mark will disappear.
infoGIST™ Support for OFCCP Compliance
OFCCP Log While Searching
With your infoGIST™ Platinum
Recruiter product, you can search Internet sites in one of two ways. First, you can select a Toolbar Category, and
a sub-category as appropriate, then and enter your search terms in the ensuing
dialog box, then click on the “Run Search” button to launch the search. This is commonly referred to as a GUI search. You can also use the Search Manager feature to save search profiles then run them on
demand or schedule the searches to run at a user-defined designated time.
GUI Search
When performing a GUI search while the OFCCP Log feature
is activated, after you click on the Run Search button to launch the search, an
OFCCP Information dialog box will appear that will prompt you to enter a Job
Title or Requisition Number and, at your option, information in the Comments
field. If you leave the Job Title or
Requisition Number field blank, you will receive a message indicating you must
enter the information before you can run the search. The dialog boxes are outlined as follows.
infoGIST™ Support for OFCCP Compliance
OFCCP Log While Searching
Search Manager
When creating and saving Search
Names using the Search Manager while the OFCCP Log feature is activated, after
you select Search from the drop-down menu and choose New from the drop-down
list to set up a new Search Name, a New Search dialog box will appear. The New Search dialog box requires you to
enter a Job Title or Requisition Number and, at your option, information in the
Comments field. If you leave the Job
Title or Requisition Number field blank, you will receive an error message
indicating you must enter the information before you can run the search. The dialog boxes are outlined as follows.
infoGIST™ Support for OFCCP Compliance
OFCCP Log While Searching
Refine Search
After you run your initial
search, infoGIST™ will retrieve and score each result and place them in the
results list. Prior to taking any
actions on your answer set, you can use the Refine Results feature to re-score
your initial answer set based on new search criteria. To do this, select Refine Results from the
toolbar and in the ensuing Refine Results dialog box, enter your new search
term(s) or append your original search term(s) with additional term(s) and
click on the Refine Results button.
infoGIST™ will re-score each resume based on your new search string and
re-sort the answers based on each resume’s relevancy score. The total number of resumes in your results
list will not change, only the relevancy scores will change. You can refine your answer set as often as
you like prior to taking action on the answer set.
In addition to recording your
initial search string in the OFCCP Log, infoGIST™ will record your last Refine
Result search string in the OFCCP Log.
infoGIST™ Support for OFCCP Compliance
Accessing the OFCCP Log
To access the OFCCP Log, go
to the My Documents folder of the current user (account) of the computer and
open the My infoGIST Data folder then open the OFCCP folder. The OFCCP folder will contain entries based
on the organization criteria you chose as outlined on Page 5, i.e. Log by Date;
Log by Job; or Log by Date and Job as follows:
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If you chose to save your
OFCCP Log by Req Number, infoGIST™ will create a file name that corresponds
to the entry you made in Req # / Job Title field in the GUI or Search Manager
dialog box. Searches run on multiple
days for the same Req Number / Job Title will be recorded in the same
file. For example, Req 78842.xml will
be the file for all searches done for Req 78842, regardless of when the search was run.
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If you chose to save your
OFCCP Log by Date, infoGIST™ will create a file called “yyyymmdd.xml”. Every search that was run on that date will
be recorded in this file. Searches run
the following day will be recorded in a second file having the same yyyymmdd
name format, but with a different date.
For example, 20060823.xml will be the file for all searches done on
August 23, 2006, regardless of the
requisition number used.
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If you chose to save your
OFCCP Log by Date, then Req Number, infoGIST™ will create a folder that
corresponds to the date the search was run – and create a file name within
the date folder that corresponds to the entry you made in Req # / Job Title
field in the GUI or Search Manager dialog box.
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infoGIST™ Support for OFCCP Compliance
Contents in OFCCP Log
To view the contents in the
OFCCP Log, locate the .xml file and open it as outlined on Page 10. The contents of the file will open in your
Internet browser. Each search will
detail your specific search criteria followed by a list of each specific result
retrieved. Each specific result will
note actions taken, if any.
An example of your search criteria
is given below:
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infoGIST Platinum
Recruiter OFCCP Log
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Search:
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Resume
Search - Web Search Engines
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Start
Time:
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2006-10-11
09:33:43
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End
Time:
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2006-10-11
09:34:37
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Job
ID:
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Req
1234
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Comments:
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Search
for software developer then refine for key skills.
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Key
Terms:
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[Any]
"software developer"
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Within
Days:
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90
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City:
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State:
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CA
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Zip
Code:
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Radius:
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Industry:
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Education:
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Experience:
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Refined
Terms:
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[Any]
"software developer" C++
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Refined
Within Days:
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90
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Refine State:
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CA
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Results:
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21
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The OFCCP Log will contain
the pertinent information used in your search criteria. If you entered information in the Comments
field, it will appear in the OFCCP Log.
If the Comments field was left blank, the Comment field will not appear
in the OFCCP Log. If you invoked the
option to prompt for final comments as outlined on Page 5, the comments field
will contain your cumulative comments, i.e. your initial comments followed by
your final comments
If you used the Refine
Results feature to refine your search, the last
search string you used to refine your results will appear in the OFCCP Log
in the refine-terms field. If you did
not use the Refine Results feature during your search session, the refine-terms
field will not appear in the OFCCP Log.
The number of resumes
retrieved will appear in the Results field.
The OFCCP Log will show actions taken on each result as outlined on Page
12.
infoGIST™ Support for OFCCP Compliance
Contents in OFCCP Log
The number of results meeting
the search criteria given to infoGIST™ are recorded at the bottom of the search
criteria summary. In the above example,
there are 21results meeting the search criteria. The file will then list for each of the 21results
information related to each specific result as follows.
infoGIST Platinum
Recruiter OFCCP Log
Note that each result
indicates any action taken, specifically, whether you viewed, saved, exported
or contacted any job seeker during your search session. To view the full-text resume, click on the
hyperlink in the Resume Title column.
infoGIST™ Support for OFCCP Compliance
Additional Record Keeping Capabilities
The infoGIST™ Platinum
Recruiter product contains an Export function that allows you to either
“export” resumes retrieved from external Internet sites to your Applicant
Tracking System and/or save them to a user-designated file or folder in Windows
on your PC or on a LAN connected PC.
This way, you can either export resumes to an OFCCP compliant ATS for
downstream tracking or save them on your own computer for future
reference.
When a resume(s) is/are
exported, the Export function converts the document format from .html to .txt since
a .txt format is more widely accepted by email, Applicant Tracking Systems,
etc.
In addition, the Export feature
captures specific information and places them in fields as either a “header” or
“footer” to the full-text resume. The
specific fielded information is as follows:
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Description of Fielded Information
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Source of Information
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Applicant Category
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as selected by user from
drop-list
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Requisition Code Note 1
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as entered by user
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Two Initials of Recruiter
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as entered by user
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System Date
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generated by application
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System Time
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generated by application
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Document Name
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extracted from document
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Source
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extracted from document
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Search Terms Note 2
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as entered by the user
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URL
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extracted from document
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Document Date
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extracted from document
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Document Time
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extracted from document
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Document ID
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extracted from document
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Email Address
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extracted from document
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Location
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extracted from document
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Note 1:
The Requisition Code is carried
over from the entry made in either the Req # / Job Title field in the GUI
search or the entry in the Label field in a Scheduled Search.
Note 2:
The search terms are detailed in
compliance with the OFCCP Ruling.
infoGIST™ Support for OFCCP Compliance
Additional Record Keeping Capabilities
After you run a search and infoGIST™
retrieves and scores resumes, click on Results from the drop-down menu and
select Export to from the drop-down list then select File or Email Recipient – or place your mouse in the results list
area, right click, and choose Export from the list then select File or Email
Recipient. The ensuing dialog box that
you will see will allow you to designate:
1) the specific resumes you want to Export; 2) the destination; and 3)
the Export format.
To designate which resumes
you want to Export, click on the down arrow next to the Export which results:
field. The option you select must
conform to your company’s “data management techniques” and must be
consistent. For example, for every
search you could save only the results with a score above a certain number such
as 50 - although this field is configured to allow you to type in any number. Or, you can save All Results. Remember, if you choose the Currently
Selected Results or Checked Results option, you must use random sampling i.e.
choose every 5th resume so your action is facially neutral and non
comparative.
To
designate where to Export your results, you can: 1) save the resumes to a designated file or
folder on your PC or on a LAN-connected PC; or 2) email the resumes to your
Applicant Tracking System; or 3) do both.
To save the resumes to a file or folder, click on the green arrow button
and choose the file or folder in your Windows desktop and Platinum Recruiter
will write a copy of the resume(s) – along with the OFCCP compliant fielded
information outlined earlier – to the designated file or folder for future
reference. To Export resumes via email,
type in the email address and, at your option, select to send the original
source with the email.
In
the Export Format section, to place
the OFCCP compliant fielded information as a Header, i.e. before the resume
text, choose the Hmeta Format or choose the Fmeta Format to place the
information as a Footer i.e after the resume text.
infoGIST™ Support for OFCCP Compliance
Additional Record Keeping Capabilities
To
complete the Export Format section,
choose an Applicant Category from the dropdown list, type a code in the
Requisition Code field (optional) and type your initials in the Two Initials of
Recruiter field (mandatory). Click on
the Export results to complete the export function.
Using Scheduled Search in Search Manager
to Export Resumes
When
you setup a Search Name in the Search Manager, you can schedule your search to
run at a designated time – even while your PC is unattended. In the Search Name dialog box, you can click
on the green arrow button to invoke an option that will allow you to
automatically Export resumes found during the scheduled search directly into
your ATS. In the Additional Actions
dialog box, check the box next to Email results: and click on the green arrow
and follow the steps outlined earlier.
