The Office of Federal Contract Compliance Programs (“OFCCP”) recently posted a new FAQ on their website to provide guidance to contractors on their obligation under the Internet Applicant Rule to retain resumes received for jobseekers at career fairs. Many contractors have wondered whether they would be responsible for retaining such resumes even if they have a policy requiring candidates to apply online. The OFCCP answered this question by stating that:
The contractor needs to retain resumes only if it considers resumes received at the job fair for a particular position. The contractor need not retain any resumes if its consistently applied practice is not to consider paper resumes received at a career or job fair. For example, the contractor would not need to retain paper resumes offered at a job fair if it does not consider them and instructs all job seekers to post their resumes on the contractor’s web site and/or apply for particular positions on the web site. The contractor should take care to apply such a protocol in a uniform and consistent fashion. It is the contractor’s actual practice that determines whether the contractor has considered a resume. For example, if a contractor’s policy is to accept resumes only through its website, but its actual practice is to consider resumes received at a career or job fair as well, the contractor will be expected to retain both the resumes collected at job fairs as well as those submitted through the contractor’s website.
As a result, contractors who have a policy of requiring candidates to apply online should ensure that they consistently steer all jobseekers at career fairs to apply online and do not accept any resumes from candidates in person. This will avoid the situation where a jobseeker’s credentials are considered by the contractor at the career fair, triggering the Internet Applicant data collection and recordkeeping requirement.