When the EEOC talks, companies should listen. Because of technology and the internet, there is a new working definition of an applicant. It now includes resumes submitted over the internet or other electronic means. Here is the full text of the changes.
What this means to you or your company only you or your corporate council can be sure. What we have done in practice to develop good habits is to make sure we document everything. To the best of our ability we capture every incoming resume submission, every fax and hard copy submitted. When a candidate is clearly lacking the job skills, we document it. When a candidate does not return a phone call or email, we document it. When the contact information given sends us to a disconnected number (you would be surprised!) we document it. After a short time, it becomes a habit and really does not take too much time or effort.
Finally, please do not assume this does or does not apply to you and wait for something bad to happen. See the advice of a business attorney if you have any questions about whether this applies to you and your business.