Tuesday, April 08, 2008

Uniform Guidelines to get 3-yr extension; no clarity on "applicant"

Hurry up and wait.

That's how many employers are likely going to feel after finding out that the U.S. EEOC has proposed extending the federal Uniform Guidelines on Employee Selection Procedures for another three years with no changes.

Importantly, the EEOC has stated its intention not to finalize the five additional Q&As that they floated back in 2004 to try to clarify what is meant by "applicant." This clarity is greatly sought after by employers, particularly in the wake of the OFCCP's Internet Applicant rule.

Here's part of what the EEOC writes in the Federal Register:

"In light of the EEOC’s unique enforcement responsibilities and priorities monitoring employment practices and detecting employment discrimination, it will determine, after further study, how and if it should issue further guidance or regulations clarifying Title VII of the 1964 Civil Rights Act and the Americans with Disabilities Act regarding when employers and job seekers use the Internet and related technologies."

Looks like they got cold feet. At this point they're looking for additional commentary regarding whether collection of this data is even necessary and, if so, how exactly it should be done.

Hat tip.

No comments: