NT Lakis is pleased to present Part II in our new series of guides on “The Compliance Implications of Job Descriptions.” In Part I we reviewed the basic elements of a job description and teed up practical compliance issues that can arise in drafting, reviewing, and updating job descriptions.
In Part II we discuss the importance of accurately distinguishing between basic, minimum, and preferred qualifications in a job description, and distill what we have learned in the 10-plus years of compliance experience with the “internet applicant” rule promulgated in 2005 by the Labor Department’s Office of Federal Contract Compliance Programs (OFCCP), which forever changed the way federal contractors assess and document the criteria used to recruit, screen, and hire candidates.
Indeed, while it is understood that an accurate and reliable job description will identify the minimum experience and the knowledge, skills, and abilities required for any given position, the term “basic qualifications” simply did not exist prior to the 2005 internet applicant rule.
While our guide is keyed off of the compliance obligations imposed by OFCCP’s internet applicant rule, we believe all employers can benefit from observing the 15 simple compliance principles outlined below, regardless of whether a company is a federal contractor subject to OFCCP recordkeeping requirements.
Members of the Equal Employment Advisory Council (EEAC) can read more here.