These last two weeks we have been delving into Affirmative Action. Let’s assume your company is a federal contractor — or sub-contractor–and is therefore subject to Affirmative Action requirements. (Click here and here to review those definitions.) You must then solicit race, ethnicity and gender data from all “applicants” for employment. There is no specific time at or by which the contractor must do so, however. You may even voluntarily solicit the same data from job seekers who are not applicants, but may only use such information for your affirmative action and equal employment opportunity programs. But who and what is an “applicant”? What if any difference is there between a “job seeker” and an “applicant”?

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