On the other hand, these definitions are susceptible to review
and redefinition over time. As a matter of fact, in the absence of an
employer’s defining just who is an applicant, courts may use their
own discretion in formulating a definition. Of course, that’s bad for
employers because mass mailings, online resume dissemination, Internet job database retrieval, and the like all expand the pool of
candidates to a point of distortion. Therefore, your best bet is to
define an applicant in writing and to apply that definition on a consistent basis. For example, you might define an applicant as ‘‘an
individual who applies in person by completing an official company
employment application or by delivering a resume and thus whose
race and sex may be determined.’’ You can also add wording to
specify that ‘‘an applicant is also an individual who is interviewed
by an authorized company representative.’’*

By employing such a practical, focused definition, you’ll avoid
having to include job applicants in your applicant flow log who:

Have had their resumes downloaded from the Internet but haven’t been called in for an interview.
Have forwarded unsolicited resumes on their own volition but haven’t been called in for an interview.
Have forwarded ‘‘solicited’’ resumes in response to an advertisement
but weren’t called in for an interview.

These individuals are screened out of the applicant flow log
according to the definition given earlier because their race and sex
cannot be identified (unless and until they are called in for an interview). Of course, you’ll still need to retain those resumes; you can’t just discard them. But you’ll make your life a whole lot easier at the time of an EEO audit or investigation by restricting the number of
‘‘applicants’’ who must be counted in your flow log.

There are volumes of information relating to affirmative action plans. As in all matters with such serious legal implications, refer your specific questions to qualified legal counsel for further information.

*Robert J. Nobile, Esq., ‘‘Who Is an Applicant,’’ HR Advisor: Legal and Practical Guidelines, January/February 1998, Vol. 3 No. 4. The HR Advisor is published by the law firm of Warren Gorham & Lamont in Boston.

Taken From : The Hiring and Firing Quention and Answer Book