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“DOJ Accuses Apple of Biased Hiring Practices Favoring Visa Holders Over US Citizens and Permanent Residents”
Apple has settled with the Department of Justice (DOJ) and will pay $25 million in back pay and civil penalties to resolve allegations of discrimination in its hiring process. The DOJ stated on Thursday that Apple favored visa holders over US citizens and permanent residents during the hiring process. This settlement marks the largest amount collected by the DOJ under the anti-discrimination provision of the Immigration and Nationality Act.
The allegations stem from Apple’s violation of the rules set by the Permanent Labor Certification Program (PERM), a federal program administered by the Department of Labor and the Department of Homeland Security. PERM allows US employers to file for foreign workers on visas to become permanent US residents. As part of the PERM process, employers are required to advertise open positions to all individuals, regardless of their citizenship status.
The DOJ investigation found that Apple violated these rules by failing to advertise PERM positions on its recruiting website and making it more difficult for people to apply by requiring mailed-in paper applications, which was not the case for non-PERM positions. As a result, few or no applications were received from US citizens or permanent residents who did not require work visas.
In addition to the monetary settlement, Apple will pay $6.75 million in civil penalties and establish an $18.25 million fund to compensate eligible victims of discrimination, according to the DOJ’s statement.
Apple, however, disputes the characterization made by the DOJ. A company spokesperson told CNBC that Apple employs over 90,000 people in the US and continues to invest in job creation. The spokesperson acknowledged that Apple had unintentionally not followed the DOJ standard and agreed to the settlement to address their concerns. Apple has implemented a remediation plan to comply with the requirements of government agencies and intends to hire more American workers as it grows in the US.