Apple unlawfully discriminates against U.S. citizens and other U.S. residents in its hiring and recruitment practices for certain types of positions that go to foreign workers, the U.S. Department of Justice said yesterday. Apple agreed to pay up to $25 million in restitution and civil penalties to settle the DOJ allegations.
Apple makes exceptions “against U.S. citizens and certain non-U.S. citizens whose permission to live and work in the United States has not expired,” the agency said. The $25 million settlement is the largest the Justice Department has ever received under an anti-discrimination provision of the Immigration and Nationality Act (INA).
Apple is required to pay $6.75 million in civil penalties and create an $18.25 million fund to provide restitution to those harmed by its hiring practices. Apple has not admitted guilt in these accommodation. But the company admitted in a statement that it “willfully did not follow the DOJ’s guidelines,” according to Reuters.
“We have implemented a robust restructuring plan to comply with the requirements of multiple government agencies as we continue to hire American workers and grow in the US,” Apple said. We contacted Apple and will update this article if more information is provided.
As Reuters noted, “Foreign work can often be cheaper than hiring U.S. workers, and immigrants who rely on their employers for green card sponsorship are seen as less likely to leave for another job.”
The DOJ said it began an investigation in February 2019 and determined “that Apple violated the INA’s anti-discrimination requirements during Apple’s hiring for positions that fall under the permanent employee certification program (PERM).” The agency said the discrimination began no later than January 1, 2018, and continued until at least December 31, 2019.
Under this program, a “permanent employment certificate issued by the Department of Labor (DOL) allows an employer to hire a foreign worker to work full-time in the United States,” DOL . But the employer must also obtain certification “that no U.S. workers are able, willing, able and available to obtain employment opportunities in the proposed work area and that the employment of foreign workers will not affect the income of work and working conditions. of US workers who do the same. “
The DOJ said its investigation “found that Apple engaged in a pattern or practice of citizenship discrimination in hiring for positions hired through PERM, and that the company’s unlawful discrimination prejudiced US citizens, the US citizens, lawful permanent residents, and those granted asylum or refugee status. These ineffective hiring practices prevent protected workers from applying for positions that Apple wants to fill instead with PERM benefits.”
Apple does not advertise PERM positions on its external employment website as it does with other positions, the DOJ said. “It still requires all PERM status applicants to submit paper applications, although the agency accepts electronic applications for other statuses,” the DOJ said.
In some cases, “Apple does not consider applications for PERM positions from Apple employees if they submit the applications electronically, as opposed to paper applications submitted by mail,” the home – said the work. “Ineffective recruitment processes almost always result in few or no applications to PERM positions from applicants whose permission to work has not expired.”
Apple changes hiring practices
The decision requires Apple to make PERM hiring practices more closely match its standard hiring practices. Apple will have to “conduct expanded recruitment for all PERM positions, including posting PERM positions on its external employment website, accepting electronic applications, and allowing applicants to PERM positions to be searched in a tracking system.” your petitioner.”
Apple has already implemented some changes and agreed to “train its employees on the INA’s anti-discrimination requirements and remain subject to department monitoring for the three-year term of the agreement,” the DOJ said.