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(Continued from page 2)

  1. The individual must have submitted an expression of interest in employment through the Internet or related technologies,
  2. The employer must have considered the job seeker for employment in a particular position,
  3. The job seeker's expression of interest must have indicated the individual possesses the advertised, basic qualifications for the position,
  4. And the job seeker did not subsequently indicate no longer having an interest in employment in the position.
The "advertised basic qualifications" must not involve a comparison of one person's qualifications with another's, must be job related and objective.

Contractors would be required to retain all records of submissions of interest through the Internet or other

electronic means so the OFCCP can evaluate whether contractors have complied with the definition of "Internet applicant." Thus, although no gender, race or ethnicity data need be requested from an Internet "job seeker," records of their expression of interest must be retained.

The OFCCP acknowledges this proposed rule creates different record keeping standards for Internet vs traditional applicants and is soliciting comments on this issue.

Employers interested in commenting on the March 3 questions and answers, should submit them to Frances M. Hart, Executive Officer, Executive Secretariat, Equal Employment Opportunity Commission, 10th Floor, 1801 L Street, N.W., Washington, DC 20507 or faxed to (202) 663-4114. Faxed comments must be limited to six pages.

Comments on the March 29 proposed rule should be emailed to ofccp-public@dol.gov.

Changes to the EEO-1 Form Discussed

On June 11, 2003 the Equal Employment Opportunity Commission published a proposed revision of the Employer Information Report. In our Fall 2003 newsletter, we highlighted the proposed changes to racial and ethnic categories.

Hearings were held in October 2003 where concerns about splitting the "Officials and Managers" category into three subgroups were discussed. The subgroups would include:

  1. Executive/Senior Level Officials and Managers,
  2. Mid Level Officials and Managers, and

  1. Lower Level Officials and Managers.

It is unclear how these three categories would be distinguished.  One proposal would group certain jobs into each category, but jobs within different size and type of organization might be placed in different categories.  Another proposal might report jobs by compensation.

It is highly unlikely any proposed changes will make it into the 2004 EEO-1, but stay tuned for further developments!

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