The University of California is an Affirmative Action/Equal Employment Opportunity Employer. We are required to comply with record keeping regulations under Executive Order 11246. The Office of Federal Contract Compliance Programs (OFCCP) is responsible for ensuring compliance with Executive Order 11246 and implemented new regulations regarding Internet Applicants, which became effective February 6, 2006.
The OFCCP defines an “Internet Applicant” as follows:
1. The individual submits an expression of interest in employment through the Internet or related electronic data technologies.
2. The contractor considers the individual for employment in a particular position.
3. The individual’s expression of interest indicates the individual possesses the basic qualifications for the position.
4. The individual at no point in the contractor’s selection process prior to receiving an offer of employment from the contractor, removes himself or herself from further consideration or otherwise indicates that he or she is no longer interested in the position.
Job seekers who meet all four requirements are considered “Internet Applicants.” Individuals who only meet the first two requirements are considered electronic job seekers. The University is required to maintain records for both categories of applicants.
For OFCCP regulations, see www.dol.gov/esa. The following is a summary of UCLA’s obligations to comply with Executive Order 11246 and 41 CFR Part 60-1 Obligation to Solicit Race and Gender Data for Agency Enforcement Purposes.
Record-keeping Responsibilities
The University must retain four different kinds of data for each search:
1. Background information, including position, substantive search requirements, and job advertisements and postings, must be recorded.
2. For external electronic databases, the position, search date and criteria must be recorded. For internal databases, we must additionally record the date each resume was added to the database.
3. All electronic expressions of interest from electronic job seekers must be retained, including all applications and resumes, even if the individuals fail to meet the basic qualifications. Expressions of interests not actually considered, however, need not be retained.
4. Race, ethnicity and gender data must, in addition to expressions of interests, be solicited from Internet Applicants. The information should be collected before later selection decisions, such as determination of who will be interviewed.
Instructions For Search Firms Regarding Internet Applicant Recordkeeping
As part of the University’s obligations to comply with OFCCP’s recordkeeping regulations for Internet Applicants described above, and as a contractual condition of the recruitment services provided by a search firm, the following records must be maintained:
All expressions of interest from electronic job seekers who apply through Internet or related electronic data technologies, which include:
- Resume databases
- Job banks
- Electronic scanning technology
- Applicant tracking systems/applicant service providers
- Applicant screeners
External Database Searches (Includes all online searches on various web boards)
Position for which each search was made:
- Search date
- Substantive search criteria used in each search (i.e. search string or key word search that was used)
- Resumes returned and considered as a result of each search of the external database
Note: The search firm's internal database is considered an external database for record-keeping purposes. As stated above, external databases include all on-line searches on various web boards.
Other Records
- Paper Applications or Resumes
- Any Tests and Test Results (if applicable)
- Interview notes
- Records identifying job seekers contacted regarding their interest in a particular position
Other Requirements
The race, gender and ethnicity of each applicant or Internet Applicant must be solicited. The above record keeping requirements and solicitation of race/gender data also apply to traditional paper applicants. Search firms must inform applicants that providing EEO/AA data (sex/race/ethnicity) is voluntary and will be used for statistical and record-keeping purposes only and will not be used as employment criteria.
Specific records that are to be maintained by the search firm include:
The name, gender and ethnicity of applicants referred to the hiring authority as qualified for the position.
The name, gender and ethnicity of applicants who were considered by the search firm, but not referred to the hiring authority.
Copies of the resumes and all applicants considered for the position, whether or not they were referred to the hiring authority.
All of the records detailed above must be retained regardless of whether the individual qualifies as an Internet Applicant. All records must be retained for four years after the end of the fiscal year in which the specific recruitment activity was ended.
Search firms must provide a description of the “good faith” efforts undertaken to locate qualified minority and female candidates. UCLA may request a demographic summary of each search that was conducted.
Campus Human Resources, Staff Affirmative Action Office
Email: mailsaa@saa.ucla.edu | Phone: (310) 794-0691 | Fax: (310) 794-2800
