Apple Inc. has settled with the U.S. Department of Justice (DOJ) for $25 million over allegations that the tech giant favored immigrant workers over U.S. citizens and permanent residents for certain positions. This settlement marks the largest amount the DOJ has ever secured relating to claims of citizenship discrimination.
Under the terms of the settlement, Apple will pay $6.75 million in civil penalties and establish an $18.25 million fund for back pay to eligible individuals who were deemed victims of the discriminatory hiring practices. The allegations stemmed from Apple's use of the Permanent Labor Certification Program (PERM), a federal initiative that allows U.S. companies to sponsor immigrant workers for permanent residency under certain conditions.
The DOJ asserted that Apple's hiring practices for PERM-related jobs did not adhere to federal law requirements, specifically citing the company's failure to advertise these positions on its external website and demanding mailed paper applications. These methods, according to the DOJ, dissuaded U.S. job seekers and resulted in immigrant workers on temporary visas being favored for permanent roles within the company, typically filled by international graduates from U.S. universities.
While Apple has not admitted to any wrongdoing and attributes the issue to inadvertent errors rather than intentional discrimination, the company has expressed its commitment to compliance and growth within the U.S. "We have implemented a robust remediation plan to comply with the requirements of various government agencies as we continue to hire American workers and grow in the U.S.," an Apple spokesperson conveyed.
As part of the agreement, Apple has also consented to overhaul its recruitment process for PERM jobs to align with its standard practices for other roles. This includes more extensive recruitment efforts, electronic application processes, and mandatory employee training on anti-discrimination laws. Additionally, the company will report PERM hires and applicants to the DOJ biannually as part of its remediation plan.
This settlement serves as a stark reminder for companies navigating the complex terrain of immigration and employment law and underscores the imperative for stringent adherence to anti-discrimination statutes.
