Apple Will Pay $25 Million In DOJ Discrimination Settlement (cnbc.com) 19
schwit1 shares a report from CNBC: Apple will pay $25 million in back pay and civil penalties to settle a matter over the company's hiring practices under the Immigration and Nationality Act, the Department of Justice announced Thursday. Apple has agreed to pay $6.75 million in civil penalties and establish an $18.25 million fund for back pay to eligible discrimination victims, the DOJ said in a release.
Apple was accused of not advertising positions that it wanted to fill through a federal program called Permanent Labor Certification Program or PERM, which allows U.S. companies to recruit workers who can become permanent U.S. residents after completing a number of requirements. The DOJ said that it believed that Apple followed procedures that were designed to favor current Apple employees holding temporary visas who wanted to become permanent employees. In particular, Apple was accused of not advertising positions on its external website and erecting hurdles such as requiring mailed paper applications, which the DOJ alleges means that some applicants to Apple jobs were not properly considered under federal law.
"These less effective recruitment procedures deterred U.S. applicants from applying and nearly always resulted in zero or very few mailed applications that Apple considered for PERM-related job positions, which allowed Apple to fill the positions with temporary visa holders," according to the settlement agreement between Apple and DOJ. Apple contests the accusation, according to the agreement, and says that it believes it was following the appropriate Department of Labor regulations. Apple also contests that any failures were the result of inadvertent errors and not discrimination, according to the agreement.
Apple was accused of not advertising positions that it wanted to fill through a federal program called Permanent Labor Certification Program or PERM, which allows U.S. companies to recruit workers who can become permanent U.S. residents after completing a number of requirements. The DOJ said that it believed that Apple followed procedures that were designed to favor current Apple employees holding temporary visas who wanted to become permanent employees. In particular, Apple was accused of not advertising positions on its external website and erecting hurdles such as requiring mailed paper applications, which the DOJ alleges means that some applicants to Apple jobs were not properly considered under federal law.
"These less effective recruitment procedures deterred U.S. applicants from applying and nearly always resulted in zero or very few mailed applications that Apple considered for PERM-related job positions, which allowed Apple to fill the positions with temporary visa holders," according to the settlement agreement between Apple and DOJ. Apple contests the accusation, according to the agreement, and says that it believes it was following the appropriate Department of Labor regulations. Apple also contests that any failures were the result of inadvertent errors and not discrimination, according to the agreement.
Similar Recruiting Practices Cost Facebook $14.25M (Score:5, Informative)
The $25M Apple settlement reached with the DOJ involving recruiting practices that discriminated against U.S. citizens has similarities to a 2020 DOJ complaint brought against Facebook [slashdot.org] involving the use of similar discriminatory recruiting tactics that Facebook agreed to pay $14.25 million to settle [justice.gov] in 2021.
Tech Touted Citizenship-Blind Recruiting to Court (Score:2)
In light of their multi-million dollar DOJ settlements, it's interesting to note that Apple and Facebook were among the tech giant signatories (amici) to a 2021 Supreme Court filing [www.fwd.us] that suggested tech companies paid no heed to immigration status when it came to recruiting: "Many amici report, for example, that their recruiting team and manager typically avoid asking a about a candidate's immigration status during the recruiting process," stated the filing signed by Apple and Facebook that was submitted to
Not Apple's 1st DOJ Recruiting Investigation Rodeo (Score:2)
Google, Apple and other tech giants settle antipoaching case for $415 million [cnn.com]: "Apple Founder Steve Jobs and former Google CEO Eric Schmidt were among the tech executives accused of an illegal deal not to poach each others' employees."
Apple Concealed EEO-1 Data on Recruiting Outcomes (Score:2)
Five Silicon Valley companies fought release of employment data, and won (2010) [siliconvalley.com]: "Google, the company that wants to make the world's information accessible, says the race and gender of its work force is a trade secret that cannot be released. So do Apple, Yahoo, Oracle and Applied Materials. These five companies waged an 18-month Freedom of Information battle with the Mercury News, convincing federal regulators who collect the data that its release would cause 'commercial harm' by potentially revealing the
Re: (Score:2)
The DOJ said that it believed that Apple followed procedures that were designed to favor current Apple employees holding temporary visas who wanted to become permanent employees.
Wow, an employer that preferred to promote from within - that's a crime now?
In particular, Apple was accused of not advertising positions on its external website and erecting hurdles such as requiring mailed paper applications, which the DOJ alleges means that some applicants to Apple jobs were not properly considered under federal law.
"hurdles such as requiring mailed paper applications"? Seriously, that's a hurdle?
Poor Apple (Score:4)
How will a 2.9 TRILLION dollar company like Apple survive such a HUGE fine.
Re: (Score:2)
It's down there at the back of the couch cushions, just dig around.
Re: (Score:2)
How will a country borrowing $2.3 trillion in one year survive?
Re: (Score:2)
Sarcasm fail
Re: (Score:2)
That's likely why it's easier to settle. I'm sure if you dig around, you'll find examples of it happening - if you're hiring people, there's probably a good chance a few of them may not be entirely on the up and up.
To fight it in court would likely cost a lot more money as well has being forced to reveal tons of discovery that might end up with embarrassing details being revealed, because of course there is going to be some.
So $25M i
Very old news, always been this way (Score:2)
No matter what the written Federal/State requirements for advertising a job, they are going to do that internal promotion if that was their career plan for the existing employee.
When I was a college kid they had to _interview_ 2 other people for my campus job promotion. They did the proper interviews and then put in the paperwork for my promotion to new title/role. That was totally standard practice back then.
You can force interviews but zero outsiders will ever get hired. It's just a stupid game. Nothi
So in other words ... (Score:2)
... they were discriminating against Americans, in favor of foreigners, because mainly cheap and also as a bonus some feel good "diversity".
You know, that thing that never happens, that only us knuckle draggers imagine ever happens.
Re: (Score:2)
They were favoring applicants employed under other federal programs, not the specific one here (PERM)?
The Federal government took Apple to court for not balancing multiple over-lapping federal programs.