How to be compliant
According to an informal statement of the EEOC, “…the key under Title VII and the ADA (Americans with Disabilities Act) is
. . . for employers and recruiters to continue to structure their recruitment and selection processes to be nondiscriminatory and to consistently focus on the job qualifications of all job seekers, regardless of technology or of the information available by virtue of that technology.”
The Term Internet Applicant as it Relates to Video Resumes:
Since the EEOC and OFCCP have no set standards for video resume applicants specifically, the definition of an 'Internet Applicant' is as close as employers can get.
According to EEOC’s and OFCCP’s Definition of ‘Internet Applicant’, “…Four criteria must be satisfied in order for a job seeker to be considered an “Internet Applicant”:
1. Individual submits expression of interest through Internet or related electronic data technologies
2. Contractor considers individual for employment in a particular position
3. Individual’s expression of interest indicates basic qualifications for position
4. Individual does not remove him/herself from consideraion prior to job offerdividual submits expression of interest through Internet or related electronic data technologies
Conclusion: Viewing a video resume does not automatically constitute a job application.
Why? See more from the EEOC letter: "Applying this definition, an individual would not be an "applicant" simply because a potential employer viewed his video, listened to his audio, or reviewed his resume on the Internet. The individual only would become an "applicant" after he appropriately expressed an interest in a particular position that the employer had acted to fill. In most instances, however, this would occur prior to an interview. Therefore, if the employer had demographic information, it would need to start keeping records at this point.”
Read the full letter: EEOC www.eeoc.gov/foia/letters/2004/titlevii_ada_recordkeeping_video.html
