The following questions and answers are designed to give you a basic overview of the OFCCP, its recordkeeping requirements, and what Rigzone
is doing to help you stay prepared for a possible audit. This information is not legal advice, and Rigzone recommends that you discuss any
potential OFCCP requirements that may apply to your organization with a lawyer.
What is the OFCCP?
The Office of Federal Contract Compliance Programs (OFCCP) is part of the U.S.
Department of Labor's Employment Standards Administration. OFCCP is responsible
for ensuring that employers doing business with the Federal government comply
with the laws and regulations requiring nondiscrimination and affirmative action
in employment. For more information about the OFCCP,
visit the Department of Labor web site.
How does this affect my organization?
In October 2005, the OFCCP defined new requirements for the definition of and recordkeeping practices related to "Internet Applicants" in order to
help clarify exactly what constitutes an "applicant." This new rule, which went into effect in February 2006, provides a four criteria definition
of an "Internet Applicant" and also stipulates the data that companies are required to maintain in order to demonstrate compliance with OFCCP rules.
For more information about "Internet Applicant" recordkeeping requirements,
visit the OFCCP Internet Applicant FAQ.
Does this apply to my company?
This rule applies to all goverment contractors and subcontractors that fall within the requirements of
Executive Order 11246.
If your company has more than 50 employees and more than $50,000 in annual US Government contracts, you will need
to prepare an Affirmative Action Plan and will be required to follow these regulations.
What is the definition of an Internet Applicant?
In order to qualify as an "Internet Applicant", an individual must meet the following four criteria:
- Individual submits expression of interest through Internet or related electronic data technologies
- Contractor considers individual for employment in a particular position
- Individual's expression of interest indicates basic qualifications for position
- Individual does not remove him/herself from consideration prior to job offer
What information does my company need to maintain?
Employer's utilizing external resume databases, such as the Rigzone Resume Database,
must maintain a record of the position for which each search of the database was made and,
corresponding to each search, the substantive search criteria used, the date of the search, and
the resumes of job seekers who met the basic qualifications for the particular position who are
considered for the position.
How is Rigzone going to help me do this?
Rigzone has always allowed you to track each application to your job openings on Rigzone, and this is the first
step in collecting necessary information for the OFCCP should you be audited. This gives you a complete record
of all the resumes received in response to your jobs.
The most notable change that we have implemented is the ability to save searches and make notes regarding those
searches. With this new feature, you can assign a job title and provide a description of basic criteria and
data management techniques used in the search. This allows you to maintain all of the search criteria used,
the date and time of the search, and a list of all of the matching resumes. We also track any actions taken for
a given resume, so that if you save or email a resume, that action is logged in our system for your later review.
From your Recruitment Center, you can access all of your saved searches by clicking the "Saved Searches" link towards the
bottom of the page. This will give a complete list of all of your saved searches, which can then be viewed in detail to
see the exact criteria used, any description provided, and the list of resumes that resulted from that search.
If your organization needs to track this information for OFCCP recordkeeping, contact us at
jobs@rigzone.com or +1-281-345-4040. We can update your account profile to
require the saving of all resume searches conducted.
Is Rigzone OFCCP compliant?
No. OFCCP compliance does not apply to external resume databases or career sites. Only government contractors
and subcontractors can be certified as OFCCP compliant, and that only occurs after the OFCCP initiates an audit
of a given organization which is passed successfully.
Rigzone has implemented features to assist your company in maintaining the necessary records for OFCCP audits, but
it is ultimately your organization's sole responsibility to create the necessary Affirmative Action Plans, data
management techniques, and hiring practices.
