FAU’s Third-Party Employer Policy, Guidelines, and Services
According to the National Association of Colleges and Employers (NACE), third-party employers are defined as agencies, organizations, or individuals recruiting candidates for temporary, part-time, or full-time employment opportunities other than for their own needs. This includes entities that refer or recruit for profit or not for profit, and it includes agencies that collect student information to be disclosed to employers for purposes of recruitment and employment.
The following definition of a Third-Party recruiter is taken directly from the National Association of College’s and Employers (NACE) Principles for Professional Practice .
1. Definition of third-party recruiter:
a) Third-party recruiters are agencies, organizations, or individuals recruiting candidates for temporary, part-time, or full-time employment opportunities other than for their own needs. This includes entities that refer or recruit for profit or not for profit, and it includes agencies that collect student information to be disclosed to employers for purposes of recruitment and employment;
b) Third-party recruiting organizations charge for services using one of the following fee structures:
1. Applicant paid fee—The applicant pays the third-party recruiter a flat fee for services rendered or a fee based upon the applicant's starting salary once the applicant is placed with an employer.
2. Employer paid fee—
a) Retainer—The employer pays a flat fee to the third-party recruiter for services performed in the recruiting of individuals to work for the employer.
c) Fee for service—The employer pays a fee for specific services, e.g. job postings, access to resumes, booth space at a job fair, etc.
c) The above definition includes, but is not limited to, the following entities regardless of the fee structure used by the entity to charge for services:
1. Employment Agencies—Organizations that list positions for a number of client organizations and receive payment when a referred candidate is hired. The fee for listing a position is paid either by the firm listing the opening (fee paid) or by the candidate who is hired.
2. Search Firms—Organizations that contract with clients to find and screen qualified persons to fill specific positions. The fees for this service are paid by the clients.
3. Contract Recruiter—Organizations that contract with an employer to act as the employer's agent in the recruiting and employment function.
4. Online Job Posting or Resume Referral Services—For-profit or commercial organizations that collect data on job seekers and display job opportunities to which job seekers may apply. The data collected on job seekers are sent to prospective employers. Fees for using the services may exist for the employer, school, or job seeker.
d) Temporary Agencies or Staffing Services—Temporary agencies or staffing services are employers, not third-party recruiters, and will be expected to comply with the professional practice principles set forth for employer professionals. These are organizations that contract to provide individuals qualified to perform specific tasks or complete specific projects for a client organization. Individuals perform work at the client organization, but are employed and paid by the agency.
e) Outsourcing Contractors or Leasing Agencies—Outsourcing contractors or leasing agencies are employers, not third-party recruiters, and will be expected to comply with the professional practice principles set forth for employer professionals. These are organizations that contract with client organizations to provide a specific functional area that the organization no longer desires to perform, such as accounting, technology services, human resources, cafeteria services, etc. Individuals hired by the outsourcing or leasing firm are paid and supervised by the firm, even though they work on the client organization's premises.
f) In most cases temporary agencies, staffing services, outsourcing contractors, or leasing firms will be treated as employers. However, should these firms actually recruit individuals to be employees of another organization, then the third-party professional practice principles shall apply.
2. Third-party recruiters will be versed in the recruitment field and work within a framework of professionally accepted recruiting, interviewing, and selection techniques.
3. Third-party recruiters will follow EEO standards in recruiting activities in a manner that includes the following:
a) Referring qualified students to employers without regard to the student's race, color, national origin, religion, age, gender, sexual orientation, or disability;
b) Reviewing selection criteria for adverse impact and screening students based upon job-related criteria only, not based upon the student's race, color, national origin, religion, age, gender, sexual orientation, or disability;
c) Refusing, in the case of resume referral entities, to permit employers to screen and select resumes based upon the student's race, color, national origin, religion, age, gender, sexual orientation, or disability;
d) Avoiding use of inquiries that are considered unacceptable by EEO standards during the recruiting process;
e) Affirming an awareness of, and sensitivity to, cultural differences and the diversity of the work force;
f) Investigating complaints forwarded by the career services office or the employer client regarding EEO noncompliance and seeking resolution of such complaints.
6. Third-party recruiters will not disclose to any employer, including the client-employer, any student information without obtaining prior written consent from the student. Under no circumstances can student information be disclosed for other than the original recruiting purposes nor can it be sold or provided to other entities. Online job posting and resume referral services must prominently display their privacy policies on their web sites, specifying who will have access to student information.
7. Third-party recruiters attending career fairs will represent employers who have authorized them and will disclose to career services the names of the represented employers.
FAU’s Career Development Center Third-Party Employer Policy
The following guidelines for Third-Party Employers have been established for the protection of the students, alumni, and the CDC.
Third-Party Employers who are interested in recruiting at Florida Atlantic University and listing employment opportunities with the Career Development Center (CDC) must adhere to the following:
- Third-party employers must not require a financial investment or payment by the student or alumni for employment or placement. Under no circumstances should fees be charged to students or alumni. FAU will not post any opportunities that require students or alumni to pay fees.
- Third-party Employers will disclose client(s) listing to the Career Development Center as well as clearly make it identifiable on the job description in OWL CareerLink.
- Third-party employers must clearly identify their organization as a third-party employer. All employment opportunities in OWL CareerLink must clearly indicate that the students and alumni will be working through a third-party employer.
- Third-party employers may recruit only for clients they represent with they have an existing relationship and contract for representation.
- Third-party employers will not have access to search student or alumni resumes in OWL CareerLink or access any identifiable student or alumni information.
- Third-party employers must agree that under no circumstances will student or alumni information be disclosed other than for the original recruitment purpose, nor will it be sold or provided to other entities. Student and alumni names and/or resumes obtained for a job opening may not be provided to any other party or added to firm’s recruitment database without the written consent of the applicants. Failure to comply with this is a violation of The Family Education Rights and Privacy Act of 1974 (FERPA) .
- Third-party employers understand FAU students and alumni are not agents or employees of FAU. The third-party employer shall not hold FAU responsible for the actions or inactions of the students and alumni.
- Third-party employers and the clients they represent must adhere to the Fair Labor Standards Act and should be familiar with the with the U.S. Department of Labor and Hour Division’s Fact Sheet #71 Internship Programs Under the Fair Labor Standards Act .
- Florida Atlantic University is an Equal Opportunity Employer. Third-Party Employers, as well as the clients they represent, agree not to discriminate on the basis of race, gender, age, religion, national origin, sexual preference, physical or mental disabilities or any protected basis. The employer hereby agrees to adhere to all aspects of this anti-discriminatory policy. In addition, employer agrees to abide by the Equal Employment Opportunity Commission (EEOC) Laws and Regulations.
For additional information regarding FERPA visit FAU’s Office of the Registrar web page The Family Education Rights and Privacy Act (FERPA) of 1974 .
FAU’s Career Development Center Third-Party Employer Services
The FAU Career Development Center policy states that third-party employers who recruit on behalf of client organizations or for their own internal positions are permitted to only utilize the following recruitment services offered by the Career Development Center:
- Approved third-party employers may post positions online in OWL CareerLink
- Approved third-party employers may register and attend career fairs
Third-party employers WILL NOT be permitted to participate in the following Career Development Center services :
- Will not be granted access to search for student resumes and profiles
- Will not be provided with resume packets
- Will not be permitted to participate on-campus interview program, schedule company information sessions, or information tables
If you would like to register as a Third-Party Employer with FAU’s Career Development Center your organization must adhere to our guidelines, policies, and national best practices procedures listed above and described on the FAU Recruitment Policies and National Association of College’s and Employers (NACE) Principles for Professional Practice .
In order to register and recruit FAU students and alumni you must register through OWL CareerLink. Please follow the steps below:
1- Create an employer account in OWL CareerLink and submit employer profile for approval
2- Review the Third-Party Employer policy
3- Download a copy of the Third-Party Statement of Understanding & Compliance form available on the OWL CareerLink’s employer welcome page.
4- Fill out and submit the Third-Party Statement of Understanding & Compliance form to the Career Development Center via fax at 561-297-2740 or e-mail at firstname.lastname@example.org
FAU’s Career Development Center reserves the right to deny access and terminate an employer account at any time.