Can a contractor ask a recruiting firm to keep, on its behalf, the records required by the Internet Applicant Final Rule?
OFCCP’s recordkeeping rules, including the new Internet Applicant Final Rule, require Federal contractors and subcontractors to keep and maintain records regarding their selection process, including information about applicants and hires. The use of a recruiting firm in the hiring process does not relieve a contractor of its recordkeeping obligations under 41 CFR 60-1.12; the contractor will be held accountable if the specified records are not maintained. A contractor may ask that a recruiting firm keep records on its behalf so that the contractor can use the records to monitor its personnel practices and demonstrate compliance to OFCCP. Keep in mind, however, that under the Internet Applicant Final Rule, the recordkeeping obligations belong to the Federal contractor or subcontractor. A contractor cannot delegate its obligations to another firm and would be held accountable if required records were not maintained. The Executive Order does not impose separate recordkeeping obligations u
