Apple has reached a $25 million settlement with the U.S. Justice Department over allegations of discriminatory hiring practices.
The case, involving the largest penalty under the Immigration and Nationality Act’s anti-discrimination clause, accused Apple of unfairly discriminating against U.S. citizens and certain non-citizens with permanent work rights in the U.S.
The investigation, which started in 2019, concluded that Apple’s recruitment for positions under the permanent labour certification program (PERM) did not follow standard practices. Apple failed to advertise these positions on its external job website and required paper applications, unlike its usual electronic process. This approach led to fewer applications from U.S. citizens and permanent residents.
Under the settlement, Apple will pay $6.75 million in civil penalties and create an $18.25 million fund for back pay to those affected by the discrimination. The company is also required to improve its PERM recruitment practices, including advertising positions online and accepting electronic applications. Apple will train its employees on anti-discrimination laws and will be monitored by the department for three years.
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So it is illegal to hire internally or give preference to promoting employees and must advertise all job positions?
Apparently. Who knew?
No, it’s illegal to discriminate by having a process that doesn’t allow people an opportunity to apply. This isn’t a against who they hired, but HOW.