Yocom & McKee
Spring 2003

Issue 7 Volume 1

"Applicant" Definition Still Undecided

Inside this issue:

The interagency task force working on a definition of "job applicant" was granted yet another deadline extension. The task force includes representatives from the Equal Employment Opportunity Commission, Office of Federal Contract Compliance Programs, Department of Justice, and Office of Personnel Management.

The Office of Management and Budget has given the he task force until June 30, 2003 to define "job applicant."

The current definition of applicant was taken from 1978 Employee Selection Guidelines Questions and Answers which states: "The concept of an applicant is that of a person who has indicated an interest in being considered for hiring, promotion, or other employment opportunities."

The 1978 Employee Selection Guidelines definition is generally considered by employers as too broad in light of modern recruitment  tools such as the Internet.

Sources close to the task force have indicated that some form of "minimal

qualification" standard will probably be adopted by the task force, but so far this is purely speculative.

The task force's decision, once reached,  must be submitted to OMB before being published in the Federal Register for public comment.

EEO-1 Racial & Ethnic Guidelines

Companies who complete an EEO-1 report in 2003 will see the same familiar format used in 2002. However, look for changes in the 2004 report.

The Equal Employment Opportunity Commission has been given until January

1, 2004 to update its racial and ethnic reporting guidelines.

The updated EEO-1 report under consideration will likely increase the current five ethnic reporting categories and may allow individuals to identify themselves

under multiple categories.

Employers with 100 or more employees and contractors with 50 or more employees are required to file an annual EEO-1 report which breaks down their workforce by race, ethnicity and sex.

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