Jottings By An Employer's Lawyer

Monday, January 30, 2006

A Goldmine for Plaintiffs Lawyers? The OFCCP Internet Applicant Rule

A good scary headline always makes for reader interest, and the ABA Journal Report, A GOLDMINE FOR PLAINTIFFS LAWYERS?, certainly meets that criteria. The topic is the OFCCP internet applicant rule which goes into effect a week from today.

If you are hoping for an extension -- doesn't seem likely at least not based on one of the questions and answers recently added to the DOL's FAQ's on the new rule:
What if a contractor is having difficulty updating its systems to comply with the requirements of the Internet Applicant Rule? Will the effective date of the rule be extended?

No, the effective date of the Internet Applicant Rule will not be extended. The Rule is effective on February 6, 2006 (see FAQ above). However, under OFCCP’s enforcement discretion, for a period of 90 days following February 6, 2006, OFCCP will not cite a contractor for a purely technical recordkeeping violation for failure to comply with the Internet Applicant final rule, provided that the contractor (1) demonstrates that it is taking reasonable steps to update its systems to comply with the rule, including a projected date of compliance, and (2) collects and maintains records according to the established procedures consistent with OFCCP’s recordkeeping requirements that preexisted the Internet Applicant final rule, i.e., 41 CFR 60-1.12.
As the ABA article points out, if you get any applicants via the internet other candidates obtained through traditional means are also so covered. So if you haven't checked out the new rule, formally known as the Obligation To Solicit Race and Gender Data for Agency Enforcement Purposes, now might be a good time. And if you want your information served up in the form of a DOL prepared presentation, that's available as well.

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