What happens if contractors use search criteria beyond the basic qualifications?
The final rule does not prohibit the use of additional search criteria in making a selection decision. However, an individual is an Internet Applicant if he or she meets all of the pre-established basic qualifications plus the other three prongs of the definition. The contractor could be found in violation of Executive Order 11246 if it failed to maintain required records, such as the resume from an external resume database of each individual that met the basic qualifications or to collect the required demographic data on all individuals who met the four “Internet Applicant” criteria (i.e., those who met the “basic qualifications,” even if additional screening was done based on additional qualifications).
