Q. Our company doesn’t want to consider applicants who send in unsolicited résumés. We are trying to come up with a legally sound definition for “applicant” so we can write an official policy. Any suggestions?
A. You can adopt a policy that says you do not consider applicants who are not applying for a specific job opening, provided that you apply that policy consistently. You can also decline to consider applicants who do not meet the minimum qualifications for the job.
If you are a federal government contractor and you accept online applications, you should use the definition of Internet applicant formulated by the Office of Federal Contract Compliance Programs: The individual submits an expression of interest in employment through the Internet or related electronic data technologies; the contractor considers the individual for employment in a particular position; the individual’s expression of interest indicates the individual possesses the basic qualifications for the position; and the individual at no point in the contractor’s selection process prior to receiving an offer of employment from the contractor, removes himself or herself from further consideration or otherwise indicates that he or she is no longer interested in the position.
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