The U.S. Department of Justice (DOJ) has announced a landmark agreement with Apple Inc., resolving allegations of illegal discrimination in hiring and recruitment practices. Under the terms of the agreement, Apple has agreed to pay up to $25 million in backpay and civil penalties, marking the largest award recovered by the DOJ under the anti-discrimination provision of the Immigration and Nationality Act (INA).
The DOJ’s investigation, initiated in February 2019, found that Apple engaged in a pattern of citizenship status discrimination in its recruitment for positions covered under the permanent labor certification program (PERM). This program, administered by the U.S. Department of Labor and the U.S. Department of Homeland Security, allows employers to sponsor workers for lawful permanent resident status in the United States.
The investigation revealed that Apple violated the INA’s anti-discrimination requirements during its recruitment for PERM positions, adversely affecting U.S. citizens, U.S. nationals, lawful permanent residents, and individuals granted asylum or refugee status. The discriminatory practices discouraged qualified applicants from applying to positions that Apple preferred to fill with PERM beneficiaries.
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Specifically, the investigation found that Apple did not advertise PERM positions on its external job website, unlike its standard practice for other job positions. Additionally, Apple required paper applications for PERM positions, contrary to its allowance for electronic applications in other job categories. The company also reportedly disregarded certain electronically submitted applications for PERM positions from its own employees. These practices resulted in significantly fewer applications from candidates whose permission to work does not expire.
As part of the $25 million settlement agreement, Apple will pay $6.75 million in civil penalties and establish an $18.25 million backpay fund for eligible discrimination victims. Apple is also required to adjust its recruitment practices for PERM positions to align more closely with its standard procedures. This includes posting PERM positions on its external job website, accepting electronic applications, and ensuring applicants are searchable in its applicant tracking system.
In response to the settlement, Apple expressed its disagreement with the DOJ’s characterization of the situation.
“Apple proudly employs more than 90,000 people in the United States and continues to invest nationwide, creating millions of jobs,” a company spokesperson told CNBC. “When we realized we had unintentionally not been following the DOJ standard, we agreed to a settlement addressing their concerns. 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 US.”
The agreement also mandates that Apple train its employees on the INA’s anti-discrimination requirements and undergo departmental monitoring for a three-year period.
The DOJ’s Civil Rights Division’s Immigrant and Employee Rights Section (IER) is responsible for enforcing the INA’s anti-discrimination provision, which prohibits discrimination based on citizenship status and national origin in hiring, firing, recruitment, or referral for a fee. The law also addresses unfair documentary practices, as well as retaliation and intimidation.
