Apple Inc. agreed to pay $25 million to settle claims by the U.S. Department of Justice (DOJ) related to favoring immigrant workers over U.S. citizens and green card holders, suggesting legal issues regarding employment practices.
It’s important to note that companies may face legal consequences if they are found to have violated employment laws or engaged in discriminatory practices. Settlements are a common way for companies to resolve such matters without admitting guilt.
The Federal anti-discrimination provisions were not followed
Federal law requires employers to follow its anti-discrimination provisions that prohibit them from favoring specific individuals over others based on their citizenship or immigration status.
This is the largest settlement ever for the Justice Department. The claim requires $18.25 million for an “unspecified number” of affected workers and $6.75 million in civil penalties.
In a company statement from Apple, they said, “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.”
The claim from the Justice Department stated that Apple didn’t advertise the job openings that should have been advertised under the PERM program, which Apple routinely announces for opening positions on its website. They also required a hard copy mail-in application rather than a completed digital copy submitted via the website. The extra demands for individuals to meet cause a breakdown in competition and time to complete.
It is unknown how Apple benefited from this procedure, but foreign recruitment usually costs less for employment. In the settlement, Apple must train employees on anti-discrimination laws. They will also begin to conduct all recruiting practices to align with PERM recruiting requirements, opening the doors for U.S. citizens and permanent residents for jobs. Apple said they “unintentionally” had not followed the DOJ standards.
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