Is a contractor required to consider for employment every job seeker who expresses an interest in employment through the Internet and possesses the basic qualifications for a particular position?
No. OFCCP does not provide a blanket requirement that contractors must consider any and all expressions of interest they receive, regardless of the manner or nature of the expression of interest – even if the job seeker possesses the basic qualifications. If the contractor has established standard procedures that job seekers must follow in order to express an interest in employment, the contractor does not have to consider those individuals who do not follow those procedures. Similarly, the contractor does not have to consider for employment individuals who do not specify a particular position, so long as that is the contractor’s consistent practice. Additionally, if there are a large number of expressions of interest, the contractor may limit the number of individuals it considers by using random sampling, absolute numerical ceilings, or other data management techniques, provided the sampling procedure is appropriate.
Related Questions
- When a job contractor intends to file an Application for Temporary Employment Certification as a joint employer with its employer-client, is the job contractor or the employer-client responsible for obtaining the prevailing wage determination?
- When a job contractor intends to file an Application for Temporary Employment Certification as a joint employer with its employer-client, does the job contractor need to send a written inquiry to its employer-client regarding U.S. worker displacement as described in 20 CFR 655.22(k)?
- Is a contractor required to consider for employment every job seeker who expresses an interest in employment through the Internet and possesses the basic qualifications for a particular position?
