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Questions and Answers on Federal Definition of Applicant (eff. 02/2006)

aka “Obligation to Solicit Race and Gender Data for Agency Enforcement Purposes”
aka “New OFCCP Internet Applicant Regulation”

The Office of Federal Contracts and Compliance Programs (OFCCP), which monitors our compliance, has developed a new definition of an Internet job applicant. OFCCP now defines an Internet applicant as a person who expresses interest in a position and is minimally qualified for that position. This definition became effective February 6, 2006.

This document is intended as an educational resource to the campus community about the new definition of applicant regulation and how it affects the gathering and use of applicant data for non-academic jobs at the University of California, Berkeley.

For information about how the new regulation affects recruitment and selection for academic jobs, go to the Office for Faculty Equity website at http://facultyequity.chance.berkeley.edu/.

Contents

Questions and Answers on Federal Definition of Applicant

  • Question: How will the new regulation change current business practice and processes for hiring managers and eRecruit originators?

    Answer: Our staff recruitment processes and the eRecruit system are set up to fulfill the applicant tracking requirements of the regulation.

    We ask that hiring managers review their selection procedures and ensure that every applicant’s status is recorded accurately and completely in the eRecruit system. This may require close coordination with the eRecruit originators. For example, the hiring manager should provide the originator with a list of all applicants with deselection reason after the applicants have been reviewed and interview candidates are selected so that the originator can update the deselection or interview status completely and on a timely basis.

    Hiring managers are also reminded to complete and sign the Interview Data Form (IDF), attach the required paperwork (published minimum qualifications for the job, selection criteria, and interview questions), and file.

  • Question: What is the scope of the new regulation?

    Answer: The new regulation extends beyond just providing a new definition of applicant in the internet era. The new regulation creates new obligations for applicant tracking record-keeping, instructs employers when and how to consider employment tests, directs employers to document the use of resume databases, and statistical analysis of applicant flow data.

    For more information, see OFCCP’s Internet Applicant FAQ’s at http://www.dol.gov/esa/regs/compliance/ofccp/faqs/iappfaqs.htm and the new regulation at http://www.dol.gov/esa/regs/fedreg/final/2005020176.htm.
  • Question: What are the deselection reasons in eRecruit?

    Answer:

    These deselection reasons are most likely to be used during the select for interview stage:

    • Minimally Qualified
    • Not Minimally Qualified

These deselection reasons are most likely to be used during the interview, offer, and eligibility checking stages:

  • Minimally Qualified
  • Accepted Another (non UCB) Job
  • Slctd for Other UCB Position
  • Failed to Show Up at Interview
  • Misrepresentation
  • Unable to Contact
  • Another Hired - Outstnding Cnd
  • Offer Rejected
  • Ineligible - Employment Cond
  • Ineligible – Employment Cond: ineligible work status

These deselection reasons are applied by the system:

  • MinimallyQualified-OtherHired
  • Requisition Cancelled
  • Question: What is the Interview Data Form (IDF)? When should the IDF be completed? When will I be asked for the completed IDF?

    Answer: The Interview Data Form (IDF) is the final step in the process of closing a recruitment. The IDF documents the interview process and demonstrates the legal basis for making your hiring decision, ensuring uniform review standards were applied to all candidates interviewed.

    The hiring department is the office of record for the completed IDF. It is important to keep this document in an accessible place so that the IDF can be made available upon request; e.g., a request from an applicant who was interviewed. The IDF may also be used as documentation in official proceedings regarding employee complaints and grievances, in Unfair Labor Practice cases, EEOC/DFEH complaints, and other legal actions.
  • Question: Why does this new regulation apply to the University of California, Berkeley?

    Answer: As a federal contractor, the University of California is required to establish and maintain an affirmative action program that includes good faith efforts to ensure that women and minorities can compete for jobs on equal footing with other applicants and employees. Proposition 209, approved by the majority of Californians who voted in November 1996, banned the use of race, religion, sex, color, ethnicity, or national origin as criteria in its employment practices. However the proposition permits “action which must be taken to establish or maintain eligibility for any federal program, where ineligibility would result in loss of federal funds to the state.” Since the University of California is a federal contractor, it is required to maintain an affirmative action program to retain eligibility for federal funds.
  • Question: Does the new regulation apply to all recruiting, selections, and hiring at the University?

    Answer: Yes, our status as a federal contractor and related obligations extend to all divisions and departments of the University of California, not just to the faculty and departments who receive federal contracts funding.
  • Question: What are the consequences of not fulfilling the requirements of this regulation?

    Answer    : The Office of Federal Contracts and Compliance (OFCCP) monitors compliance of federal contractors and conducts audits. Penalties for non-compliance can range from fines after an on-site audit to loss of all federal contracts. OFCCP collected approximately $45 million for 14,761 American workers in fiscal year 2005 <http://www.dol.gov/esa/ofccp/enforc05.htm>.
  • Question: What do these new terms, “internet applicant,” “basic qualifications” in the regulation mean?

    Answer    : For the definitions of these terms and others, see OFCCP’s Internet Applicant FAQ’s at http://www.dol.gov/esa/regs/compliance/ofccp/faqs/iappfaqs.htm and the new regulation at http://www.dol.gov/esa/regs/fedreg/final/2005020176.htm.
  • Question: Does the new definition of applicant only apply to internet applicants? What if some or all of my applicants submit paper applications?

    Answer: When a contractor considers expressions of interest for a position via both the Internet or related electronic data technologies and paper applications, the Internet Applicant standard applies to the solicitation of demographic information from all applicants for that position.
  • Question: Why is race/ethnicity data currently gathered from applicants and employees?

    Answer: The University of California uses race/ethnicity data in the statistical evaluation of employment and contracting policies to ensure compliance with its own employment policies and with federal and state regulations (including Proposition 209) regarding equal employment opportunity for all employees, including applicants. As a federal contractor, UC is further required to establish and maintain an affirmative action program that includes good faith efforts to ensure that women and minorities can compete for jobs on equal footing with other applicants and employees. Affirmative action programs require employers to collect data to identify and analyze potential problems in the participation and utilization of women and minorities in their work force.
  • Question: How is race/ethnicity data currently gathered from applicants and employees?

    Answer: At UC Berkeley, all applicants are asked to voluntarily provide their race/ethnicity immediately after submitting their application in eRecruit. Once hired, employees are asked to use the Demographic Data Transmittal Form to voluntarily provide their race/ethnicity, disability status, and veteran status. Race or ethnicity is not assigned or visually identified or recorded if an employee declines to state his or her race or ethnicity.
  • Question: How is race/ethnicity data from applicants and employees currently used?

    Answer: In the recruitment and selection process, applicant race/ethnicity information is presented in an aggregated (summarized) format to help recruiters and hiring managers assess the total applicant pool and determine whether good faith efforts in inclusive outreach have been successful, given affirmative action recruitment goals. Recruiters and those involved in the selection do not have access to the race/ethnicity of individual applicants. Department staff involved in the selection and hiring process are not allowed to provide any preference to applicants on the basis of race, ethnicity, color, national origin, or sex, according to both state and federal compliance requirements.|

    Similarly, decisions about personnel actions for employees (including but not limited to salary increases, promotion, transfer, and termination) cannot be made on the basis of race, ethnicity, color, national origin, or sex. This data is confidential and used only for limited purposes. Affirmative action analysts in Human Resources use aggregated race/ethnicity information to monitor for possible discrimination in employment practices.

Resources for Non-Academic Recruitment/Selection/Hiring

References

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