How will OFCCP ensure that contractors do not use basic qualifications to discriminate?
• The rule requires a contractor to retain, for possible review, the expressions of interest it considered, even those of individuals who are not Internet Applicants, for possible OFCCP review. • A contractor must similarly retain records of all the basic qualifications used to develop a pool of Internet Applicants. • OFCCP will rely on Census and other labor market data to assess contractors’ hiring practices for potential discrimination and will carefully review the basic qualifications. • OFCCP’s compliance evaluations will not be limited to an evaluation of those records produced by the contractor. During compliance evaluations OFCCP will continue to look broadly at all aspects of a contractor’s compliance with its obligations to refrain from discrimination in recruitment, hiring, and other employment practices, including the possible adverse impact of screens for basic qualifications.
Contractors will not be able to use basic qualifications to discriminate because: • The rule requires a contractor to retain the expressions of interest it considered, even those of individuals who are not Internet Applicants, for possible OFCCP review. • A contractor must retain records of basic qualifications used to develop a pool of Internet Applicants. • OFCCP will rely on Census and other labor market data to assess contractors’ hiring practices for potential discrimination and will carefully review the basic qualifications. • OFCCP’s compliance evaluations will not be limited to an evaluation of those records produced by the contractor. During compliance evaluations, OFCCP will continue to look broadly at all aspects of a contractor’s compliance with its obligations to refrain from discrimination in recruitment, hiring, and other employment practices, including the possible adverse impact of screens for basic qualifications.
