Darla Coult, employment and benefits manager for fiber-optics manufacturer OFS in Carrollton, Texas, used to spend a majority of her day logging, in her words, "the hundreds of thousands" of resumes that the company received from interested job candidates. Though an applicant tracking system is used, managing all the information flow became very tedious and not very fruitful, Coult explains.

"If the resumes were not for an open position that the company posted, I rarely had a need to refer to these resumes again," she says. Last year, OFS changed its resume-handling policy, which for Coult means a lot less paperwork--and a new definition as to what an applicant really is.

"We decided that only resumes responding to a current open position would be logged and considered an applicant. If we have posted the job on our Web site, with the Department of Labor or with a recruiter, we accept resumes for those open positions only," Coult explains. "Any resume received that is not related to an open position is not an applicant. And resumes that come in after an opening has been closed are not considered applicants."

The ease of technology has left many employers wondering how to deal with being bombarded with resumes via the Internet from job seekers, who in reality might not be qualified for any position within the company. With increased resume submissions, how do you determine which ones you must keep and who really is an applicant? The other big question that arises when recruiting online is what is the diverse make up of these candidates? When, in fact, should employers ask job seekers to self identify, to gather sex, race and ethnicity data?

Sorting out the details is critical for employers with government contracts because the Office of Federal Contract Compliance Programs (OFCCP) requires them to track demographics to ensure that the people they are hiring reflect the general population. And, all employers need such data on record in case they are sued for discrimination.

Because EEOC's definition of an applicant was created in the 1970s, much of the details are outdated, which means employers are working among themselves to define when a job seeker becomes an applicant, and how to best track this kind of information.

EEOC Chairman Cari Dominguez has assigned a task force to revise the definition of an applicant, but the outcome of this effort is a year or two away, according to David Copus, lawyer with Jones Day law firm in Washington, D.C. "EEOC is tasked with drafting a policy that addresses the record-keeping aspects of electronic recruiting and how an applicant is defined in the process," says Copus. "But, it will be two or three years before a regulatory ruling is made."

So far, no lawsuits have cropped up based on how resumes are tracked, but Larry Lorber, former U.S. deputy assistant secretary of labor and partner with Proskauer Rose, LLP in Washington, D.C., says it's only a matter of time before the tracking and storage of electronic resumes is an issue of contention.

Several well-known employers have contacted Lorber recently on this very subject. "One client is in the fifth version of the definition of an applicant," Lorber says. "It is an issue that has currency. What we have done (for clients) is develop a consistent in-house definition of what is an applicant."

At Monsanto, the staffing department in St. Louis is responsible for resume management and initial screening of job seekers. An applicant is defined as "an individual who has been asked to come in for an interview," explains Susan Magee, manager of human resources in Mystic, Conn., which means that the individual already has been screened at the preliminary level for qualifications, and will fill out the application at the time of the interview. EEO tracking information-regarding sex, race, and ethnicity-is gathered by mailing a form to the applicant's residence, asking the individual to complete the form and return in the postage-paid envelope provided.

Within the week Lockheed Martin announced winning the contract to develop the F-35 Joint Strike Fighter, it received 100,000 resumes. Since that announcement in October, more than 800,000 resumes have been received. The initial screening for qualified applicants is done via technology by conducting keyword searches.

"We closely match the job requirements to individuals' qualifications," says Shannon Bowman, Lockheed's senior manager for diversity and equal opportunity programs. "Once a resume is forwarded to a hiring manager, that person becomes an applicant. The employment application is actually filled out when individuals arrive for a face-to-face interview."

Because Lockheed Martin is a federal contractor, accurate records must be kept with regards to job seekers' sex, race and national origin. The company tries to obtain this information before potential job seekers fill out an application-a move more employers are making.

"If it is the first time someone has visited our Web site, an online form will pop up stating that we are a federal contractor, and offer the individual the opportunity to identify themselves based on sex, race and ethnicity," Bowman explains. "The opportunity for them to self-identify actually pops up several times when job seekers fill out an online form, which we consider an expression of interest."

Gerry Crispin, employment consultant and co-author of Careerxroads (MMC Group: 2001), points out that many employers are adding "opt-in invitations" to individuals who fill out electronic applications or expression of interest forms. "The sooner a company determines whether or not their message is reaching all the best and brightest, the faster they can adjust their game plan to ensure they do," Crispin says. "Collecting data on the front-end clearly demonstrates--immediately--that your qualified applicant pool is diverse. Acting early is not only realistic," he says. "It meets almost everyone's interpretation of EEO regulatory requirements, and most importantly, provides real-time market research data to compete more effectively and focus on employment strategies."

Lisa Harp, senior consultant with Peopleclick's Data Analytics Group in Raleigh, N.C., helps clients and other divisions of the company wade through the details of the applicant definition, especially how it relates to online recruiting. According to the EEOC's Uniform Guidelines and the OFCCP's 2000 survey, the definition of an applicant "depends upon the user's recruitment and selection procedures." And generally, an applicant is someone "who has indicated an interest in being considered for hiring, promotion or other employment opportunities."

Harp points out that the definition appears to have two key elements:

1. To be an applicant for a given employer, a job seeker must express an interest in working for that particular employer. The job seeker cannot just post a resume on a Web site, for that only indicates a willingness to consider employment with someone other than his or her current employer.
2. To be an applicant for a particular employer, the job seeker must follow the employer's application procedures.

But according to Harp, she advises her clients on a third element that the government guidelines don't yet cover, which is: "For a job seeker to be an applicant for a particular employer, that employer must actually act upon the job seeker's qualifications. So based on a review of some aspect of the job seeker's qualifications, the employer must decide whether or not this person continues with the application process."

In terms of collecting self-identification information, "We recommend that it be collected as early in the process as possible," Harp says. "One of the ways to do this is use an online EEO form, which states that the information will remain confidential and is for record-keeping purposes only."

Collecting this type of information has a dual purpose, Harp says. "I think the information is valuable not only from a regulatory standpoint, but for diversity reasons. For example, there are differences in the recruiting sources people use. By looking at this self-identification information, you can look at the makeup of the people you are bringing in, and look to see if there are any potential barriers."

According to Peopleclick's Data Analytics Group, employers can reduce the risk of controversy with regard to application policies by:

Having a clear, written application policy.

• Making sure the application procedure does not discriminate against any demographic group.
• Implement application procedures and minimum job requirements consistently within jobs.
• Validate job requirements to show that they are necessary to perform the job.
• Inform all potential applicants of these application policies and job requirements.

"HR professionals have had an ongoing dialogue for 20 years with federal agencies to define who really is an applicant," says Lockheed's Bowman. "Integrating technology into the process really makes companies shift gears and focus on how we manage the whole hiring process."