Thursday, November 16, 2023

Apple INA Hiring Discrimination Settlement

Jon Brodkin (Hacker News, 9to5Mac, ):

Apple illegally discriminated against US citizens and other US residents in its hiring and recruitment practices for certain types of positions that went to foreign workers, the US Department of Justice said yesterday. Apple agreed to pay up to $25 million in back pay and civil penalties to settle the DOJ allegations.


The $25 million payment was called the largest ever collected by the Justice Department under the anti-discrimination provision of the Immigration and Nationality Act (INA).


Apple did not advertise PERM positions on its external job website like it does with other positions, the DOJ said. “It also required all PERM position applicants to mail paper applications, even though the company permitted electronic applications for other positions,” the DOJ said.

Emma Roth:

Apple denies engaging in illegal hiring practices in the terms of the settlement. “When we realized we had unintentionally not been following the DOJ standard, we agreed to a settlement addressing their concerns,” Apple spokesperson Fred Sainz said in an emailed statement to The Verge. “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.”


Aside from Apple, the DOJ also hit SpaceX with a hiring discrimination lawsuit, alleging the Elon Musk-owned company refused to hire asylum seekers and refugees. However, SpaceX managed to block the case by arguing the administrative judges overseeing the case were “unconstitutionally appointed.”


If the PERM process at Apple is anything like what I saw at Facebook a couple of years ago, then all these “applicants” are actually people already working at the company on non-immigrant visas whom the company wants to retain.


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What pavlov said.

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