Interpreting the OFCCP’s Definition of “Internet Applicant” for Federal Contractors

Effective February 6, 2006, the Office of Federal Contract Compliance Programs (OFCCP) will enforce its final rule on the definition of “Internet applicant.” The rule will affect covered federal government contractors and subcontractors. The objective of the long waited definition is to create flexibility for federal contractors to devise a system that will ease record keeping burdens and help in evaluating whether the federal contractors/subcontractors are recruiting a diverse pool of qualified applicants and hiring new employees on a nondiscriminatory basis.

According to the definition of an Internet applicant, a candidate must meet the following criteria:

1. The individual submits an expression of interest in employment through the Internet or related electronic data technologies.
2. The contractor considers the individual for employment (a particular position).
3. The individual's expression of interest indicates the individual possesses the basic qualifications for the position.
4. The individual, at no point in the contractor's selection process prior to receiving an offer of employment, removes him or herself from consideration.

If the above criteria have been met, the contractor must retain all application or resume responses through the Internet or related electronic data technologies. To minimize the potential volume of records, the OFCCP does not require contractors to retain records of individuals never considered for a position.

More importantly, the OFCCP’s final rule does not require subject contractors to consider job posting responses that are not submitted in accordance with the contractor’s standard procedures. Moreover, if the contractor considers expressions of interest through both the Internet and the traditional means, the Internet applicant regulations apply to both types of submissions.

Loopholes?
The application of the final rule may result in different interpretations. Here are some hard choices that the contractors must make in implementing the definition:

How would the term “consider” be defined?
How would a contractor determine the “basic qualification” standard? At what point in time is the contractor required to request race and gender data from the job seekers? To manage the size of the applicant pool, can contractors use statistical sampling?

The bottom line is that having nondiscriminatory policies and procedures that are consistently applied in defining who is an applicant seems to overcome the pitfalls of ambiguity. Finally, let’s remember that the definition was intended to offer flexibility for contractors and to alleviate the burden of the Internet fluid influx of interests in employment.

The OFCCP has issued Frequently Asked Questions on the Internet Applicant rules. Go to: http://www.dol.gov/esa/regs/compliance/ofccp/faqs/iappfaqs.htm

We understand that OFCCP/DOL is working on regulations to eliminate the Equal Opportunity Survey promulgated in the regulations of November 13, 2000. This will be a very controversial issue. According to our information, the Notice of Proposed Rulemaking will be published in a few weeks. Note that, if the Notice of Proposed Rulemaking is published, there would be a 60-day comment period before the regulations became final. We will keep you informed as this issue develops.

If you have questions about OFCCP compliance or need assistance with your Affirmative Action Plans, contact Employers Group’s Director of Compliance Programs, Ahmed Younies, at ayounies@employersgroup.com, or ask for him at our toll free number, (800) 748-8484.

Announcing a New Training Program: Leadership Skills

Employers Group will offer two entirely new training programs: Basic Leadership Skills, beginning in February, and Advanced Leadership Skills, beginning in March. These programs will replace the Certificate in Supervision and Management program. This new leadership series is focused on taking employees to the next level by giving them the skills they need to take on new responsibilities and enact positive results within their positions, departments or organizations.

• The basic program
  The basic leadership skills program is a 24-hour 7-module program that provides training in core leadership skills such as leadership, communications, conflict, motivation, performance evaluations and employment laws. The program concludes with an interactive online module dealing with interviewing and selection.
• The advanced program
  The advanced leadership skills program is also a 24-hour, 7-module program that provides training in topics that will encourage trainees to become problem solvers and embrace continuous improvement within their positions and throughout their organizations. Topics include: coaching, creating teamwork, problem solving, decision making, planning (project management) and time management. An interactive online training module dealing with lawful terminations closes the advanced program.
• What happens in the sessions
  The sessions are extremely interactive and focus on trainee experiences to reinforce and lend to the learning environment. Trainees learn critical skills through role playing, skills practice sessions, video examples and simulations.
• Time commitment
  Each program is conveniently scheduled in six 4-hour sessions that are conducted once a week until all hours have been completed. The online component will be assigned to trainees so they are able to complete at their leisure.
• Building a toolkit
  Throughout the entire program, trainees will build a toolkit of practical resources to help them every day, including surveys, assessments, planners, profiles and worksheets. At the completion of each session, trainees are encouraged to utilize their toolkit and apply the skills on the job. These assignments are then reviewed at the beginning of the next class session.
  

Certificates awarded
Trainees will be awarded a certificate upon completing the training program. While Employers Group recommends participation in the entire series, trainees are able to register for individual class sessions. For more information on the program or to register trainees, please visit www.employersgroup.com or call 800.748.8484.

This program is available for on-site training delivery and many of the topics that would be provided on-site are eligible to be state funded. For more information on either of these offerings, please visit www.employersgroup.com or call 800.748.8484.

New!
Lunch 'n Learn Program

Lunch ’n Learns are online events geared towards both you and your HR / supervisory staff to help stay ahead of the curve. Sessions are held via webinar from 12:15 to 1:30 p.m. Get the training you need in the comfort of your office space during lunchtime.

Two sessions will be offered monthly:

• 911 Series: Legal, compliance and other challenging issues geared to both you, your HR staff and supervisory personnel. 2nd Tuesday of each month.
• 411 Series: HR trends, workplace issues and best management practices geared toward you, the HR professional. 4th Thursday of each month.

There will be SIX Lunch ‘n Learn topics each year pre-designated as FREE EVENTS for members (marked with an asterisk).

The following are the topics scheduled through March of this year:

Jan 411 – 01/26/06 – Get Your HR Department Up to Speed*
Feb 911 – 02/14/06 – ABC’s of Employment Law
Feb 411 – 02/23/06 – Mediation Skills for HR
Mar 911 – 03/14/06 – I-9 Basics*
Mar 411 – 03/23/06 – Performance Appraisals

*Free Member Events
** Lunch ‘N Learn topics subject to change**

Pricing per phone line (Unlimited attendees per line):
$75 – members $100 – non-members

Call us for more information at (800) 748-8484, or email training@employersgroup.com.

What if you Need Survey Data that is Not Covered by EG's Current Survey Resources?

EG has other resources that can help you obtain the compensation data you need beyond our regular compensation surveys!

Employers Group has the experience and resources to provide custom survey services for member organizations. Whether you need to market price one or many jobs, we offer a wide range of services geared towards one goal: Getting you the information you need to properly align your compensation strategy with current market levels.

	FROM OUR COMPENSATION DATABASE EG takes the responsibility of questionnaire design, data collection and report generation. We can provide members’ comparisons to their competitors or comparators as well as specific demographic cuts. For example, members may call us for a special cut of the salary survey for companies with under 100 employees. Members may also request a special report showing how their company compares to the rest of the survey sample.
	COMPARATIVE MARKET ANALYSIS REPORTS (CMAs) Compare against your compensation database, which includes data for over 900 classifications - Results to you in 3 days! Using data collected via our survey program, we offer you a quick, simple and cost-effective way to compare your data against your peers. Via our CMA program, you simply give us your compensation data and within three business days you’ll receive a report showing you how your wages and salaries align to other companies within pre-selected companies.
	GEOGRAPHIC SURVEYS Obtaining local compensation data is now easier then ever! If you need compensation surveys for areas outside California, call us – we can help you. Through our relationships with other US associations, you can obtain prevailing compensation for many parts of the US. Additionally, our data from our local surveys can be customized to reflect prevailing wage/salary scales for other locations within the U.S.
	CUSTOM COMPENSATION SURVEYS There are virtually no limits to the “special cuts” we are able to provide. We can design custom compensation surveys to meet your needs. Whether you have one or 50 jobs, we'll work with you in developing pertinent questions, and contact potential participants. The final product: a custom final report with information for a specific industrial park or geographic area. We have conducted surveys on a local, regional, and national basis. Our survey staff is also available to provide informal or custom surveys to members. These surveys have included specific positions, practices or policies in the past.

To Learn More about our Special Compensation Surveys, please call us @ 213.765.3969 or email us at surveys@employersgroup.com.

Got Posters? If so, Congratulations!

If you have already updated your posters for 2006 then congratulations are in order and you are officially in compliance. If you haven’t done it yet, the longer you wait the more time you risk being audited and subsequently caught with the wrong postings… and the fines can be significant.

But have no fear, Employers Group is here to help you get the posters you need and regain your sense of sanity. As a reminder, the minimum required changes for 2006 are:

• "Discrimination and Harassment are Prohibited by Law", Assembly bill AB1669 passed in 2005 revising text in reference to "time to file complaints" laws.
• Cal/OSHA revised Safety and Health Protection on the job due to relocation of the Headquarters office and clarifications of Regional and District offices.

On the off chance that you still have posters up that are pre-2005 compliant, or worse yet no posters up at all, then you need to call us ASAP! In addition to the above, Employers Group has all the postings and pamphlets you’ll ever need to satisfy any government official.

You can still save 10% if you order now!
And… the 10% off special offered at the end of last year has been extended through the end of January, 2006. Time is running out so don’t delay! To order call our Member Service Center at (800) 748-8484 option #3, or visit the EG Store at http://www.employersgroup.com/products/index.shtml.