Wednesday, October 20, 2021

Facebook Settles With DOJ Over Discrimination in H1-B Hiring

Amanda Ottaway for Law360 ("Facebook Inks $14M Deal To End Feds' Anti-US Bias Claims") reports that Facebook has agreed to pay up to $14.25 million in a settlement with the U.S. Department of Justice.  Facebook was alleged to have unlawfully favored temporary visa holders over U.S. workers.  The settlement is the largest financial recovery ever under the Immigration and Nationality Act's anti-discrimination provisions.

Here is the Settlement attached.

Fqacebook's monetary payout, which includes a $4.75 million fine and a fund of up to $9.5 million for individuals impacted by Facebook's policy, resolves an administrative lawsuit claiming that it held thousands of high-paying job slots for foreign workers, made those jobs tough for U.S. workers to seek, and rejected the few who applied.  According to another news report, "The company allegedly employed a recruitment process that was intentionally designed to dissuade US workers from applying for positions it had set aside for temporary visa holders."

In a press statement, the Justice Department commented as follows:

"Under the DOJ settlement, Facebook will pay a civil penalty of $4.75 million to the United States, pay up to $9.5 million to eligible victims of Facebook’s alleged discrimination, and train its employees on the anti-discrimination requirements of the INA. In addition, Facebook will be required to conduct more expansive advertising and recruitment for its job opportunities for all PERM positions, accept electronic resumes or applications from all U.S. workers who apply, and take other steps to ensure that its recruitment for PERM positions closely matches its standard recruitment practices. Today’s civil penalty and backpay fund represent the largest fine and monetary award that the Division ever has recovered in the 35-year history of the INA’s anti-discrimination provision." (bold added).


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