Dear Harold,
What guidance could you offer regarding a contractor's responsibilities for record keeping under the new Internet Applicant regulations when using third-party contractors, such as search firms?
Harold: The question raised is a difficult one, particularly since the new Internet Applicant regulations are actually silent on this matter. I would predict that OFCCP will eventually issue policy guidance on this matter as it deals with this issue after implementation of the regulations in May, 2006.
In the meantime, I would recommend advising, in writing, each temp agency/search firm that you expect them to recruit and hire in a non-discriminatory manner.
In addition, I would mention that you are looking for them to send you diverse candidates and that they may be required to keep these records under Executive Order 11246.
In terms of records, at a minimum I would keep and maintain the applications and/or resumes of all of the job seekers that are referred to you and that you "consider" for a position.
Finally, one must remember that if someone files a complaint with EEOC or OFCCP, and/or there is an evaluation conducted by OFCCP, either agency can utilize the concept of "joint responsibility" and hold both the contractor and the search firm responsible if discrimination is uncovered.
Harold M. Busch
Vice President, Government Relations
DCI Consulting Group, Inc.
