An updated FAQ on the new OFCCP ruling just came out.

The specific Q & A that got our attention was:

Does a contractor “consider” an individual merely by running a (basic qualifications) search that brings up the individual’s resume, if the contractor never opens the resume?
If the contractor does not open the resume as a result of appropriate data management techniques that limit the number of resume “hits” that are reviewed, then the contractor has not “considered” that individual.

This brings us to the new definition of a resume in the electronic world. For years, we have pushed the concept that a resume or any document of unstructured information is very hard to capture, work with, and automate. So consequently, the most advanced systems like Taleo include the resume, but also way more structured data that brings the power of the matching system to a new level. It is often possible to pre-screen without opening a resume.

We wont speculate on how this can or cannot change the ruling, but a structured competency approach is certainly less inclined to generate mistakes and should align talent management closer to the original purpose of the OFCCP rule of non-discrimination.