Apple is paying $25 million dollars to resolve allegations that the company illegally discriminated in hiring against U.S. citizens.
According to a press release by the Department of Justice, the anti-discrimination settlement with Apple is the largest that the department has covered under the Immigration and Nationality act. Up to $25 million dollars will be paid through civil penalties and back pay. Specifically, $6.75 million will be paid in civil penalties, and $18.25 million will be used to establish a back pay fund for victims. It was determined by the department that during Apple's recruitment for positions in the permanent labor certification program, certain anti-discrimination requirements were violated under the Immigration and Nationality act. The permanent labor certification program (PERM) is administered by the U.S. Department of Labor and Homeland Security, which gives employers the opportunity to sponsor workers for lawful permanent resident status once program requirements are fulfilled.
The Department of Justice and Homeland Security started the investigation in 2019. They found that Apple used a pattern for citizenship status discrimination for positions that were hired under the PERM program, and discriminated against U.S. citizens, U.S. nationals, lawful permanent residents, and potential workers who had refugee status. Apple did not advertise positions on its website which it planned on filling through the PERM program which limited potential applicants for those jobs.
“Creating unlawful barriers that make it harder for someone to seek a job because of their citizenship status will not be tolerated,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “This resolution reflects our commitment to ending illegal discriminatory employment practices.” Apple is now required to conduct more expansive recruitment for PERM positions, post them on its external job website which should bring in more applicants for these roles, accept applications electronically and train its employees on INA's anti-discrimination requirements.
