Apple settles its Department of Justice immigrant lawsuit

After the Department of Justice (DOJ) investigated Apple for employment discrimination, the tech giant reached a legal settlement despite no allegation that it violated Department of Labor immigration rules, reports Forbes. 

The legal settlement shows that complying with PERM (permanent labor certification program), required for most employment-based immigrants, doesn’t protect companies from government discrimination claims. 

“The settlement agreement resolves the department’s determination that Apple violated the INA’s anti-discrimination requirements during Apple’s recruitment for positions falling under the permanent labor certification program (PERM),” according to a DOJ statement. “The department’s investigation . . . found that Apple engaged in a pattern or practice of citizenship status discrimination in recruitment for positions it hired through PERM and that the company’s unlawful discrimination prejudiced U.S. citizens, U.S. nationals, lawful permanent residents, and those granted asylum or refugee status. These less effective recruitment practices deterred protected workers from applying to positions that Apple preferred to fill instead with PERM beneficiaries.

On November 10 Apple agreed to pay US$25 million in back pay and civil penalties to settle a matter about the company’s hiring practices under the Immigration and Nationality Act, according to the DOJ. The company was accused of not advertising positions on its external website and erecting hurdles such as requiring mailed paper applications. Apple contested the accusation, according to the settlement agreement, and says that it believes it was following Department of Labor regulations.

Still, the tech giant 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.