Apple settles discrimination case with DOJ

On 09/11/2023, Apple Inc. agreed to a $25 million settlement with the United States Department of Justice to resolve allegations of hiring discrimination based on citizenship status. The agreement followed an investigation conducted by the DOJ’s Immigrant and Employee Rights Section that began in February 2019. According to the DOJ, the settlement represented the largest recovery ever obtained under the anti discrimination provision of the Immigration and Nationality Act. Apple did not admit wrongdoing but agreed to resolve the allegations and implement compliance measures. Under the terms of the settlement, Apple agreed to pay $6.75 million in civil penalties to the U.S. Treasury and establish an $18.25 million back pay fund for individuals affected by the alleged discrimination. The DOJ stated that the investigation found Apple had not properly considered U.S. citizens, nationals, lawful permanent residents, refugees, and asylees for certain roles connected to the Permanent Labor Certification program. These positions are typically used by employers seeking to sponsor foreign workers for permanent residency. The DOJ alleged that Apple favored temporary visa holders by applying recruitment procedures that differed from its standard hiring process. According to the DOJ, Apple allegedly failed to advertise PERM related positions on its external job website, even though most company roles were posted online. The investigation also found that applicants for these positions were required to submit paper applications by mail, while Apple generally accepted electronic applications for other jobs. The department stated that these practices reduced the visibility of PERM opportunities and limited the ability of qualified U.S. workers to apply. The settlement required Apple to align its PERM recruitment practices with its standard hiring procedures, including online postings and electronic application options. As part of the agreement, Apple also committed to providing anti discrimination training to employees involved in recruitment and hiring. The company must also be subject to monitoring, reporting, and compliance requirements by the Department of Justice for a three year period. The DOJ stated that these measures were designed to ensure fair consideration of all eligible workers regardless of citizenship status in future PERM related hiring.