Issued on October 7, 2005, the Internet Applicant Regulations and recordkeeping rules became effective 120 days later on February 6, 2006. The primary purpose of the rule was to clarify three important issues: 1) define “Internet applicants,” 2) outline recordkeeping requirements relative to hiring done through the Internet or related electronic data technologies, and 3) describe the information employers must solicit and submit to the OFCCP to evaluate impact within their selection processes. The Internet Applicant Regulations require that employers analyze all expressions of interest meeting the following four criteria: 1) The individual submits an expression of interest in employment through the Internet or related electronic data technologies; 2) The employer considers the individual for employment in a particular position; 3) The individual’s expression of interest indicates the individual possesses the basic qualifications (BQs) for the position; and, 4) The individual at no point in the employer’s selection process prior to receiving an offer of employment from the employer, removes himself or herself from further consideration or otherwise indicates that he or she is no longer interested in the position. Learn more about the BCG Institute for Workforce Development by going to www. BCGInstitute.org Visit http://bcginstitute.org/?AIBookSeries to learn about the Adverse Impact and Test Validation webinar series based on Dr. Biddle’s book.

1. Internet Applicant Regulations/BQ
Development & Validation
BCGi: Adverse Impact & Test
Validation Book Series

2. What are Internet Applicant Regulations/BQ
Development & Validation?
• In 2006, the OFCCP published the final version of the
Internet Applicant “Rule” or “Regulations”
• These regulations include critical guidelines
surrounding recordkeeping requirements for federal
contractor Applicant Tracking Systems and hiring
processes
• The recordkeeping processes also require (especially for
larger employers) validation requirements surrounding
Basic Qualification (BQ) criteria used by employers for
hiring processes
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3. Why is this Topic Important to HR/EEO Professionals?
• Why do I need to know about this topic?
– Social media and Internet-based recruiting are effective tools, but they
can also generate a great deal of liability
– Record keeping violations are one of the most common violations
issued by federal enforcement agencies
• What are the key essentials I need to know about this topic?
– Applicant tracking is required throughout the entire process so that
every step can be analyzed separately
– “Basic Qualification” or “knock out” questions used in hiring
processes need to be validated if they have adverse impact
– There are four criteria that can be applied for determining who is an
“applicant” for data tracking purposes
• What are the consequences surrounding these issues?
– Numerous HR functions and analyses relate to tracking and
maintaining accurate applicant data
– Adverse impact is easily identified in a IAR compliant system, so
validation steps should be “ready and on hand”
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4. Presentation Overview
• Overview & Background
• OFCCP’s Internet Applicant Regulations
• The Four Internet Applicant Criteria
• Steps for Validating BQs
• Recordkeeping Requirements
• Recommendations
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5. Resources
• Adverse Impact and Test Validation: A Practitioner's
Handbook by Daniel A. Biddle, Ph.D.
– Purchase online at www.BCGinstitute.org
• Adverse Impact and Test Validation Book Series Webinars
– Recordings available online for all BCGi Platinum Members
– Webinar slides available online to all BCGi Standard & Platinum
Members
• BCGi Membership
– Free Standard Membership
– Premium Platinum Membership
www.BCGinstitute.org

6. About Our Sponsor: Biddle Consulting Group (BCG)
BCG is an HR firm dedicated to providing the highest products and services related to
Equal Employment Opportunity (EEO), Affirmative Action and Employee Selection.
• BCG’s Consulting Services
― Affirmative Action Plan Outsourcing
― Compensation Analysis
― EEO/AA Litigation Support (Plaintiff and Defendant)
― Job Analysis
― Test Development and Test Validation
• BCG’s Software Products
― Adverse Impact Toolkit™
― AutoAAP® affirmative action plan development software
― AutoGOJA® job analysis software
― C4 call center testing software
― COMPARE™ compensation analysis software
― CritiCall® dispatcher/call-taker personnel selection software
― ENCOUNTER soft skills video situational judgment testing software
― OPAC® office skills testing software
― TVAP™ Test Validation & Analysis Program software
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