Department of Labor: NPRM FRN

Monday,
March 29, 2004
Part VII
Department of Labor
Office of Federal Contract Compliance
Programs
41 CFR Part 60–1

Obligation to Solicit Race and Gender
Data for Agency Enforcement Purposes;
Proposed Rule
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16446 Federal Register / Vol. 69, No. 60 / Monday, March 29, 2004 / Proposed Rules
DEPARTMENT OF LABOR information, as appropriate, through the SUPPLEMENTARY INFORMATION:

issuance of additional guidance or
Office of Federal Contract Compliance I. Introduction
regulations that will allow each agency
Programs to carry out its specific enforcement OFCCP requires covered federal
responsibilities.’’ The rule proposed contractors to obtain, where possible,
41 CFR Part 60–1 today would amend OFCCP gender, race and ethnicity data on
recordkeeping requirements for OFCCP applicants and employees. See 41 CFR
RIN 1215–AB45
compliance monitoring and other 60–1.12(c). OFCCP requires this data
Obligation To Solicit Race and Gender enforcement purposes to conform to the collection activity for several purposes
Data for Agency Enforcement new interpretive guidance promulgated relating to contractors’ administration of
Purposes by the UGESP agencies. required affirmative action plans and
DATES: Submit written comments on or
OFCCP’s role in monitoring compliance
AGENCY: Office of Federal Contract with OFCCP requirements. See 65 FR
before May 28, 2004.
Compliance Programs, DOL. 68023 (November 13, 2000); 65 FR
ADDRESSES: Comments should be
ACTION: Notice of proposed rulemaking; 26091 (May 4, 2000). Contractors must
submitted to Joseph DuBray, Jr., supply this information to OFCCP upon
request for comments.
Director, Division of Policy, Planning request. See 41 CFR 60–1.12(c)(2).
SUMMARY: The Office of Federal Contract and Program Development, OFCCP. OFCCP regulations require covered
Compliance Programs (OFCCP) has Electronic mail is the preferred contractors to develop affirmative action
promulgated regulations requiring method for submittal of comments. programs (AAPs). See 41 CFR 60–2.1
covered federal contractors to maintain Comments by electronic mail must be One component of an AAP is a ‘‘job
certain employment records for OFCCP clearly identified as pertaining to the group analysis’’ in which the contractor
compliance monitoring and other proposed amendment to 41 CFR Part is required to group various jobs that are
enforcement purposes. These 60–1, and sent to ofccp-public@dol.gov. similar with respect to job content, pay
regulations were amended on November As a convenience to commenters, and promotional opportunities. See 41
13, 2000, to require employers to be able public comments transmitted by CFR 60–2.12. Contractors must collect
to identify, where possible, the gender, facsimile (FAX) machine will be gender, race and ethnicity data and keep
race and ethnicity of each applicant for accepted. The telephone number of the track of such data as to applicants and
employment. OFCCP promulgated this FAX receiver is (202) 693–1304. To hires by job title or AAP job group.
regulatory requirement to govern assure access to the FAX equipment, Many contractors use ‘‘applicant flow
OFCCP compliance monitoring and only public comments of six or fewer logs’’ for this purpose. See OFCCP’s
enforcement purposes (e.g., to allow pages will be accepted via FAX Federal Contract Compliance Manual at
OFCCP to verify EEO data), consistent transmittal. Section 2H01(b). OFCCP regulations
with the Uniform Guidelines on Where necessary, hard copies of require contractors to conduct self-
Employee Selection Procedures. comments, clearly identified as analyses of their hiring practices to
The Uniform Guidelines on Employee pertaining to the proposed amendment ensure against unlawful discrimination.
Selection Procedures were issued in to 41 CFR Part 60–1, may also be See 41 CFR 60–2.17(b)(2).
1978 by the Equal Employment delivered to Joseph DuBray, Jr., Director, OFCCP ‘‘selects’’ contractors for
Opportunity Commission, the Division of Policy, Planning and compliance audits based on statistical
Department of Labor, the Department of Program Development, OFCCP, Room analyses of gender, race and ethnicity
Justice, and the predecessor to the C–3325, 200 Constitution Avenue, NW., data contractors submit to OFCCP. Since
Office of Personnel Management Washington, DC 20210. Because of the mid-1980s, OFCCP has used the
(‘‘UGESP agencies’’). The Uniform delays in mail delivery, OFCCP suggests Equal Employment Data System (EEDS),
Guidelines on Employee Selection that commenters planning to submit which analyzes data contractors submit
Procedures require employers to keep comments via U.S. Mail place those on EEO–1 reports, to identify contractor-
certain kinds of information and detail comments in the mail well before the establishments for audits. In regulations
methods for validating tests and deadline by which comments must be adopted on November 13, 2000, OFCCP
selection procedures that are found to received. implemented an Equal Opportunity
have a disparate impact. Receipt of submissions will not be (EO) Survey that requires contractors to
In 2000, the Office of Management acknowledged, except that the sender submit gender, race and ethnicity data
and Budget instructed the Equal may request confirmation of receipt by for applicants and hires by EEO–1 job
Employment Opportunity Commission calling OFCCP at (202) 693–0102 category or AAP job group. See 41 CFR
to consult with the Department of Labor, (voice), or (202) 693–1308 (TTY). 60–2.18. One of the purposes of the EO
the Department of Justice, and the Office FOR FURTHER INFORMATION CONTACT: Survey is to collect data that OFCCP
of Personnel Management and ‘‘evaluate Joseph DuBray, Jr., Director, Division of could use to select contractors’
the need for changes to the Questions Policy, Planning and Program establishments for compliance audits.
and Answers accompanying the Development, OFCCP, Room C–3325, 65 FR 26100 (May 4, 2000). (An
Uniform Guidelines necessitated by the 200 Constitution Avenue, NW., extensive study is underway regarding
growth of the Internet as a job search Washington, DC 20210. Telephone (202) the validity of the EO Survey.) OFCCP
mechanism.’’ 693–0102 (voice), or (202) 693–1308 has resources to conduct approximately
The UGESP agencies recently have (TTY). Copies of this proposed rule in 1,500 on-site compliance audits
promulgated interpretive guidelines in alternative formats may be obtained by annually. This constitutes less than two
question and answer format to clarify calling (202) 693–0102 (voice), or (202) percent of the universe of
how the Uniform Guidelines on 693–1308 (TTY). The alternative formats establishments operated by federal
Employee Selection Procedures apply in available are large print, electronic file supply and service contractors within
the context of the Internet and related on computer disk, and audiotape. The OFCCP’s jurisdiction. Because of these
technologies. The recent interpretive proposed rule is available on the factors, OFCCP must make accurate
guidelines expressly contemplate that Internet at http://www.dol.gov/esa. decisions about which workplaces to
‘‘[e]ach agency may provide further investigate, at peril of misdirecting
Federal Register / Vol. 69, No. 60 / Monday, March 29, 2004 / Proposed Rules 16447
agency investigation resources. In (March 4, 2004). The preamble to the proposed definition further provides
general, OFCCP seeks to maximize the new interpretive guidance discusses the that ‘‘advertised, basic qualifications’’
likelihood that agency investigation need for clarification of UGESP must be noncomparative features of a
resources are committed to workplaces obligations in the context of the Internet job seeker. Under this standard, the
where systemic employment and related electronic technologies. See, employer cannot compare the relative
discrimination exists and to minimize especially, 69 FR 10154–10155. The qualifications of job seekers to
commitment of resources to workplaces UGESP agencies expressly contemplate determine which candidates have the
where such systemic discrimination is that ‘‘[e]ach agency may provide further best qualifications. In addition, the
absent. information, as appropriate, through the ‘‘advertised, basic qualifications’’ must
OFCCP initiates a compliance audit of issuance of additional guidance or be objective. They cannot depend on the
a contractor’s establishment by sending regulations that will allow each agency employer’s subjective judgment. Rather,
the contractor a ‘‘scheduling letter.’’ to carry out its specific enforcement a third-party, unfamiliar with the
OFCCP’s Federal Contract Compliance responsibilities.’’ 69 FR 10153. Because employer’s decision process, would be
Manual at Section 2B03 and Figure 2– of OFCCP’s unique use of applicant data able to evaluate whether the job seeker
2. The scheduling letter asks the for compliance monitoring and other possesses the qualification without
contractor to provide, among other enforcement purposes, OFCCP has more information about the employer’s
things, gender, race and ethnicity data determined that additional regulations judgment. Lastly, the ‘‘advertised, basic
on applicants and hires, by AAP job are required to clarify how contractors qualifications’’ must be job-related.
group or job title. Id. OFCCP determines must comply with OFCCP They must be relevant to performance of
whether to conduct an on-site audit of recordkeeping requirements. Therefore, the job at hand and enable the employer
a contractor’s workplace based in part the rule proposed today would amend to accomplish business-related goals.
on statistical analysis of applicants and OFCCP recordkeeping requirements for The proposed rule also would amend
hires information contractors submit to OFCCP compliance monitoring and § 60–1.12(a) to require contractors to
OFCCP. other enforcement purposes, in light of retain records of all submissions of
Although the Department of Labor is this recent interpretive guidance issued interest through the Internet or related
a signatory to the Uniform Guidelines by the UGESP agencies. electronic technologies. OFCCP requires
on Employee Selection Procedures, these records to evaluate whether the
OFCCP regulations did not expressly II. Analysis contractor has complied with the
require contractors to maintain and The rule proposed today would definition of Internet Applicant.
submit to OFCCP information about the implement, for OFCCP compliance Section 60–1.12(c)(1)(ii) requires
gender, race and ethnicity of applicants monitoring and other enforcement contractors to obtain information, where
and employees, prior to the November purposes, the new interpretive guidance possible, on the gender, race, and
13, 2000 amendments. See 65 FR 26091 promulgated by the UGESP agencies. ethnicity of applicants. The proposed
[NPRM May 4, 2000]. The Uniform The proposed rule would amend § 60– rule would amend § 60–1.12(c)(1)(ii) to
Guidelines on Employee Selection 1.3 to add a definition of ‘‘Internet incorporate the new category of
Procedures were issued in 1978 by the Applicant.’’ The proposed rule would ‘‘Internet Applicant,’’ as defined in the
Equal Employment Opportunity also amend § 60–1.12 to require amendment to § 60–1.3 and to
Commission, the Department of Labor, contractors to retain Internet distinguish between ‘‘applicants,’’ i.e.,
the Department of Justice, and the submissions of interest and to collect submissions of interest that are not
predecessor to the Office of Personnel gender, race, and ethnicity information submitted through the Internet and
Management (‘‘UGESP agencies’’). In from Internet Applicants. related electronic technologies, and
2000, the Office of Management and The proposed definition of ‘‘Internet ‘‘Internet Applicants.’’
Budget instructed the Equal Applicant’’ provides sufficient Finally, the proposed rule would
Employment Opportunity Commission specificity for OFCCP to enforce this delete § 60–1.12(e), which provided that
to consult with the Department of Labor, data collection requirement and for the requirements of § 60–1.12 ‘‘apply
the Department of Justice, and the Office contractors to understand how to only to records made or kept on or after
of Personnel Management and address comply. Under the proposed definition, December 22, 1997.’’ Because OFCCP
the ‘‘issue of how use of the Internet by ‘‘Internet Applicant’’ involves four requires employment records to be
employers to fill jobs affects employer criteria: (1) The job seeker has submitted retained for two years, 41 CFR 60–
recordkeeping obligations’’ under the an expression of interest in employment 1.12(a), this provision is now
Uniform Guidelines on Employee through the Internet or related superfluous. Of course, the deletion of
Selection Procedures. See Notice of electronic technologies; (2) the this provision does not affect a
OMB Action, OMB No. 3046–0017 (July employer considers the job seeker for contractor’s ongoing obligation to retain
31, 2000). In particular, the Office of employment in a particular open relevant employment records during the
Management and Budget instructed the position; (3) the job seeker’s expression pendency of an OFCCP complaint
agencies to ‘‘evaluate the need for of interest indicates the individual investigation or compliance review.
changes to the Questions and Answers possesses the advertised, basic The new interpretive guidelines
accompanying the Uniform Guidelines qualifications for the position; and, (4) promulgated by the UGESP agencies
necessitated by the growth of the the job seeker does not indicate that he apply only to the Internet and related
Internet as a job search mechanism.’’ Id. or she is no longer interested in technologies. Because OFCCP relies on
The UGESP agencies recently issued a employment in the position for which applicant data to determine whether to
Notice in the Federal Register seeking the employer has considered the conduct an on-site audit of a
comments under the Paperwork individual. contractor’s workplace, OFCCP is
Reduction Act about the burdens and The proposed definition provides that concerned that the data allow for
utility of interpretive guidance intended ‘‘advertised, basic qualifications’’ are meaningful analysis. The proposed rule
to clarify how the Uniform Guidelines qualifications that the employer creates differing standards for data
on Employee Selection Procedures advertises to potential applicants that collection for traditional applicants
apply in the context of the Internet and they must possess in order to be versus Internet Applicants for the same
related technologies. 69 FR 10152 considered for the position. The job. Accordingly, if an employer’s
recruitment processes for a particular conform with E.O. 11246 standards. State, local, and tribal governments, or
job involve both electronic data OFCCP routinely utilizes labor force increased expenditures by the private
technologies, such as the Internet, and statistics in order to assess contractors’ sector of more than $100 million in any
traditional want ads and mailed, paper compliance with the requirement to one year.
submissions, the proposed rule would develop an ‘‘availability analysis’’ as
Paperwork Reduction Act
treat these submissions differently for part of their affirmative action programs.
that particular job. We are unsure See 41 CFR 60–2.14. Specifically, The paperwork burden associated
whether this dual standard will provide OFCCP regulations require contractors with OFCCP’s proposed rule is covered
OFCCP with meaningful contractor data to create an ‘‘availability analysis,’’ by OMB Number 3046–0017, Collection
to assess in determining whether to defined as ‘‘an estimate of the number Title, ‘‘Recordkeeping Requirements of
commit agency resources into an of qualified minorities or women the Uniform Guidelines on Employee
investigation of a contractor’s available for employment in a given job Selection Procedures, 29 CFR Part 1607,
employment practices. Therefore, group * * *’’ See 41 CFR 60–2.14(a). 41 CFR Part 60–3, 28 CFR Part 50, 5 CFR
OFCCP expressly solicits comments on The availability analysis is required to Part 300.’’ OFCCP repeats verbatim the
this issue. be based on ‘‘the most current and Paperwork Reduction Act statement
Under the proposed rule, the agency discrete statistical information submitted by EEOC in support of the
will rely on labor force statistics or other available.’’ See 41 CFR 60–2.14(d). above-referenced collection:
relevant data for enforcing E.O. 11246 Among the most current and discrete Type of Respondent: Businesses or
with respect to recruitment processes data currently available is data derived other institutions; Federal government;
that occur prior to collection of gender, from the 2000 U.S. Census, to which State or local governments and farms.
race and ethnicity data. This approach OFCCP has access for use in assessing North American Industry
is consistent with the longstanding contractors’ compliance with these Classification System (NAICS) Code:
approval of such statistics in hiring requirements. Multiple.
discrimination litigation and is Standard Industrial Classification
especially appropriate because the III. Regulatory Procedures Code (SIC): Multiple.
proposed definition of ‘‘Internet Executive Order 12866 Description of Affected Public: Any
Applicant’’ relates to ‘‘advertised, basic employer, government contractor, labor
qualifications.’’ See, e.g., Griggs v. Duke The Office of Management and Budget organization, or employment agency
Power Co., 401 U.S. 424, 430 n.6, 431 (OMB) has determined that this covered by the Federal equal
(1971) (relying on Census data about the proposed rule would be a ‘‘significant employment opportunity laws.
general population to find that a high regulatory action’’ as defined in section Respondents: 827,962 firms are
school degree requirement had a 3(f) of Executive Order 12866 (although included in the affected public,
disparate impact on African- not an economically significant according to U.S. Census statistics.
Americans); Dothard v. Rawlinson, 433 regulatory action under the Order). Responses: 827,962.
U.S. 321, 329–330 (1977) (‘‘The Accordingly, OMB reviewed this Reporting Hours: 2,588,285.
application process itself might not proposed rule under the Order. Number of Forms: None.
adequately reflect the actual potential Form Number: None.
Regulatory Flexibility Act Frequency of Report: None.
applicant pool, since otherwise
qualified people might be discouraged If promulgated in final, this Proposed Abstract: The recordkeeping issues
from applying because of a self- Rule would help clarify applicant addressed by UGESP are used by
recognized inability to meet the very recordkeeping requirements for Federal respondents to assure that they are
standards challenged as being contractors in the context of the Internet complying with Title VII and E.O.
discriminatory.’’); Int’l Brotherhood of and related technologies. Therefore, the 11246; by the federal agencies that
Teamsters v. U.S., 431 U.S. 324, 341– Proposed Rule neither increases nor enforce Title VII and/or E.O. 11246 to
343 (1977) (use of population statistics decreases burdens. The Rule would investigate, conciliate and litigate
to prove hiring discrimination); see also, benefit smaller businesses just as much charges of employment discrimination;
E.E.O.C. v. Joint Apprenticeship as larger businesses, by helping and by complainants to establish
Committee of Joint Industry Bd. of Elec. employers to understand what their violations of federal equal employment
Industry, 186 F.3d 110, 119 (2d Cir. applicant recordkeeping obligations are opportunity laws.
1999) (General population and qualified with respect to the Internet. The Burden Statement: There are no
labor market data ‘‘often form the initial Proposed Rule would not have a reporting requirements associated with
basis of a disparate impact claim, significant economic impact on a UGESP. The only paperwork burden
especially in cases such as this one in substantial number of small business derives from the recordkeeping. With
which the actual applicant pool might entities. The head of OFCCP has respect to paperwork burden, the
not reflect the potential applicant pool, certified to the Chief Counsel for proposed additional Questions and
due to a self-recognized inability on the Advocacy of the Small Business Answers would present a solution to
part of potential applicants to meet the Administration to that effect. Therefore, problems employers currently face in
very standards challenged as being under the Regulatory Flexibility Act, 5 applying the Guidelines on Employee
discriminatory.’’). U.S.C. 605(b), a regulatory flexibility Selection Procedures in the context of
Thus, OFCCP will compare the analysis is not required. the Internet and related technologies.
proportion of women and minorities in Therefore, the proposed additional
Unfunded Mandates Reform
the contractor’s relevant applicant pool Questions and Answers would not
with labor force statistics or other data For purposes of the Unfunded involve an increase in paperwork
on the percentage of women and Mandates Reform Act of 1995, as well burdens associated with attempts to
minorities in the relevant labor force. If as EO 12875, Enhancing the apply existing guidelines to the context
there is a significant difference between Intergovernmental Partnership, the Rule of the Internet and related technologies.
these figures, OFCCP will investigate proposed in this NPRM would not Only employers covered under Title
further as to whether the contractor’s include any Federal mandate that might VII and E.O. 11246 are subject to
recruitment and hiring practices result in increased expenditures by UGESP. For the purpose of burden
Federal Register / Vol. 69, No. 60 / Monday, March 29, 2004 / Proposed Rules 16449
calculation, employers with 15 or more electronically. From this same survey Commission will be in a better position
employees are counted. Based on the Commission also learned that when to assess these issues after the
examination of the latest available U.S. records are computerized, the burden additional Questions and Answers have
Census Bureau firm data, the number of hours for reporting, and thus for been implemented. At this time, the
firms in this category is approximately recordkeeping, are about one-fifth of the Commission assumes that, with this
827,962. According to figures based on burden hours associated with non- clarification, the basis for the estimate of
statistics from the U.S. Census Bureau, computerized records. Further, the the cost per record has not changed
the total number of employees proposed additional Questions and since the initial burden calculations in
employed by firms in this category is Answers apply to the Internet and 1979. Inflation adjustments would
115,886,025. Assuming one record per related electronic data processing derive a current cost per record (manual
employee, this results in 115,886,025 technologies, which involves recordkeeping) of $0.56 and current cost
records. Additionally, statistics from the computerized recordkeeping. per record (computerized
Bureau of Labor Statistics indicate that The proposed additional Questions recordkeeping) of $0.11.
the number of individuals, both and Answers would clarify how The number of burden hours can be
employed and unemployed, actively employers should address applicant obtained by dividing the total cost of
seeking employment from all recordkeeping in the context of the recordkeeping by the hourly cost of
employers, total 15 million. Assuming Internet and related technologies. In the labor needed to collect and compile
that each of these individuals submits absence of such clarification, employers such data. The current cost per hour of
on average five applications, this results would be faced with significant, personnel for UGESP recordkeeping is
in 75 million potential records from a additional paperwork burdens based on $14.75/hr (hourly rate for personnel
recordkeeping perspective. Therefore, the rapid expansion of the Internet and clerks from BLS compensation survey).
the total number of records reflecting related technologies for recruiting. The Computerized recordkeepers = (.80) ×
employees employed by firms and all Commission is unaware of any (190,886,025) × ($0.11) =
job seekers is 190,886,025. systematic data to accurately quantify $16,797,970.20
From the private employer survey the the burdens associated with how Manual recordkeepers = (.20) ×
Commission conducts, it determined employers were attempting to address (190,886,025) × ($0.56) =
that 80 percent of the private employers applicant recordkeeping in the Internet $21,379,234.80
file their employment reports context prior to this clarification. The Total recordkeeping cost = $38,177,205
Total recordkeeping cost $38,177,205

Total hours = = = 2,588,285 hours
Cost per hour $14.75/hour
Executive Order 13132 (Federalism) List of Subjects in 41 CFR Part 60–1 § 60–1.3 Definitions.
* * * * *
OFCCP has reviewed this Proposed Affirmative action plans, Civil rights,
Rule in accordance with Executive Discrimination in employment, Internet Applicant.
Order 13132 regarding federalism, and Employment, Labor. (1) Internet applicant means any
has determined that the rule does not Signed at Washington, DC on March 24, individual who:
have ‘‘federalism implications.’’ OFCCP 2004. (i) Submits an expression of interest
has concluded that the Proposed Rule Victoria A. Lipnic, in employment through the Internet or
would not increase any recordkeeping Assistant Secretary for Employment related electronic data technologies;
burdens currently imposed by UGESP Standards Administration. (ii) The employer considers the
on the States. Therefore, the rule does Charles E. James, Sr., individual for employment in a
not ‘‘have substantial direct effects on Assistant Secretary for Federal Contract particular open position;
the States, on the relationship between Compliance. (iii) The individual’s expression of
the national government and the States, interest indicates the individual
or on the distribution of power and Accordingly, part 60–1 of Title 41 of possesses the advertised, basic
responsibilities among the various the Code of Federal Regulations is qualifications for the position; and,
proposed to be amended as follows: (iv) The individual does not indicate
levels of government,’’ and the
that he or she is no longer interested in
requirements of section 6 of Executive PART 60–1—Obligations of employment in the position for which
Order 13132 do not apply to this rule. Contractors and Subcontractors the employer has considered the
Executive Order 13175 (Consultation individual.
1. The authority citation for part 60– (2) For purposes of this definition,
and Coordination With Indian Tribal
1 continues to read as follows: ‘‘advertised, basic qualifications’’ means
Governments)
Authority: Section 201, E.O. 11246, 30 FR qualifications that the employer
OFCCP certifies that this Proposed 12319, 3 CFR, 1964–1965 Comp., p. 399, as advertises (e.g., posts a description of
Rule does not impose substantial direct amended by E.O. 11375, 32 FR 14303, 3 CFR, the job and necessary qualifications on
compliance costs on Indian tribal 1966–1970 Comp., p. 684, E.O. 12086, 43 FR its Web site) to potential applicants that
46501, 3 CFR, 1978 Comp., p. 230 and E.O.
governments. 13279, 67 FR 77141, 3 CFR, 2002 Comp., p.
they must possess in order to be
258. considered for the position and that
Request for Comments meet all of the following three
OFCCP invites comments about the 2. In § 60–1.3, a new definition is conditions:
NPRM from all interested parties. added below ‘‘government contract’’ (i) The qualifications must be
and above ‘‘minority group’’ to read as noncomparative features of a job seeker.
EP29MR04.048</MATH>
follows: For example, a qualification of three
years’ experience in a particular to performance of the job at hand and employment submissions through the
position is a noncomparative enable the employer to accomplish Internet or related electronic
qualification; a qualification that an business-related goals. technologies, such as on-line resumes or
individual have one of the top five * * * * * resume databases (regardless of whether
number of years’ experience among a 3. In § 60–1.12, the third sentence in an individual qualifies as an Internet
pool of job seekers is a comparative paragraph (a), and paragraph (c)(1)(ii), Applicant under 41 CFR 60–1.3), tests
qualification. are revised to read as follows; paragraph and test results, and interview notes.
(ii) The qualifications must be (e) is removed in its entirety. * * *
objective; they do not depend on the * * * * *
employer’s subjective judgment. For § 60–1.12 Record retention.
example, ‘‘a Bachelor’s degree in (a) General requirements. * * * Such (c) * * *
Accounting’’ is objective, while ‘‘a records include, but are not necessarily (1) * * *
technical degree from a good school’’ is limited to, records pertaining to hiring,
(ii) Where possible, the gender, race,
not. One way to tell an advertised, basic assignment, promotion, demotion,
and ethnicity of each applicant (i.e.,
qualification is objective is that a third- transfer, lay off or termination, rates of
submissions that are not through the
party, unfamiliar with the employer’s pay or other terms of compensation, and
Internet and related electronic
operation, would be able to evaluate selection for training or apprenticeship,
technologies) and Internet Applicant as
whether the job seeker possesses the and other records having to do with
defined in 41 CFR 60–1.3.
qualification without more information requests for reasonable accommodation,
about the employer’s judgment. the results of any physical examination, * * * * *
(iii) The qualifications must be job- job advertisements and postings, [FR Doc. 04–6972 Filed 3–25–04; 10:10 am]
related; in other words, they are relevant applications, resumes, and any and all BILLING CODE 4510–CM–P

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Monday,

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41 CFR Part 60–1

DEPARTMENT OF LABOR information, as appropriate, through the SUPPLEMENTARY INFORMATION:

Total recordkeeping cost $38,177,205

follows: For example, a qualification of three

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