The U.S. Department of Labor's Office of Federal Contract Compliance Programs' (OFCCP) issued its final regulations on February 6th regarding just which candidates are to be considered an "Internet Applicant. Although the regulations are already in effect, for the first 90 days the OFCCP will exercise enforcement discretion and will not cite an organization that contracts with the federal government ("contractor") for purely technical recordkeeping violations where the contractor is taking reasonable steps to update its systems to comply with the rules and is maintaining records according to previously established procedures.

Effective immediately, "Internet Applicants" are individuals who (1) submit an "expression of interest" in employment through the Internet or "related electronic data technologies"; (2) the contractor "considers" for employment in a particular position; (3) meet the "basic qualifications" for the position; and (4) do not remove themselves from consideration prior to receiving an offer of employment. Contractors which accept both traditional and "Internet" applications for a position, which almost always is the case, must treat all applicants for that position as "Internet Applicants" for OFCCP purposes.

Contractors must retain applications and résumés of all applicants, including those retrieved from online résumés or internal résumé databases. Contractors following certain recordkeeping criteria are allowed to use some data management techniques. Contractors must maintain detailed records of the substantive search criteria used in searching internal databases and external electronic databases, such as those of CollegeRecruiter.com. Contractors must also retain records identifying all job seekers contacted regarding their interest in a particular position.