Clear Affirmative Action Job Candidates
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Clear Affirmative Action Job Candidates

Federal contractors only have to ask affirmative action questions from clear job candidates. Not all people who express interest in a job are treated equally. Protection against discrimination is guaranteed by the Office of Federal Contract Compliance Programs only for people that have gained a footing to get the job.

Job applicants that a federal contractor knows they will simply turn down, without looking over qualifications, can have their application thrown out without the contractor ever asking their gender, race, or ethnicity to make sure they have affirmative action records. The Office of Federal Contract Compliance Programs does not ask the contractors to waste their time.

Only applicants a contractor might chose to have join the workforce are monitored by the federal office.

Counted As An Applicant

OFCCP doe snot count every person who expresses interest in a position by writing a letter or sending in a resume as a job applicant that has to fill in their identity information for their potential employer. The federal affirmative action enforcement office only needs to know when a person asking for a job they are qualified to take does not have an even playing field and gets treated differently than male white candidates. A job seeker who sends in a resume or an email telling an employer they are interested in a job the qualifications are stated is a job candidate. The identity of persons just look for an opportunity to find an employment deal does not need to be known by the office.

No Custom Opportunity Offers

Employers can not get away with using discriminatory hiring decisions by deciding their own time to ask the identity questions later in the application process. Many employers might prefer to ask at the interview, but any time they can take a person's word they can get offered a job they deserve, they have to get the person's gender, race, and ethnicity on record by asking. The question can get turned down by the applicant, and possibly answered later, but the employer can not decide to wait to ask. An opportunity to make a deal can not come before the question.

Fit For A Job

All people who express interest have to have the qualifications that make them fit for the job to get counted an applicant by the OFCCP. Unqualified persons can simply be turned down by a contractor without asking any personal questions. Job seekers that do not have an open job to fill with the contractor also can get turned down before affirmative action recordkeeping begins.

Standard Hiring Practices

Federal regulations do not leave a contractor no choice on who to consider an applicant. No one can treat one applicant proven and treat a similarly situated applicant an uncertain candidate. The same expressions of interest can not be both taken as an application worth considering and an application worth taking off the table. But, any employer can use standard procedures for recruiting and hiring applicants. Any person that loses the opportunity to get treated as a job candidate has to have failed to follow the procedure.

Thrown Out

Employers do not have to take on too heavy a burden. Affirmative action questions do not have to go on and on during candidate selection from a large number of persons who expressed interest. A contractor can cut down a long list and throw out interested persons to give them enough time to separate the worthy persons from the unworthy. But, the cut has to be made without any consideration of gender, race, or ethnicity.


Office of Federal Contract Compliance Programs, U.S. Labor Department, Final Rule, Obligations to Solicit Race and Gender Data for Agency Enforcement Purposes (published in Federal Register, October, 2005).

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