Apple agreed to pay $25 million in back pay and civil penalties to resolve allegations that it discriminated against U.S. citizens in favor of foreign workers when recruiting for positions through the permanent labor certification program (PERM). Apple did not admit any wrongdoing.
The Justice Department’s Immigrant and Employee Rights Section alleged that Apple’s recruitment processes unlawfully disadvantaged U.S. citizens, U.S. nationals, lawful permanent residents, and refugees and asylees in applying for positions that Apple preferred to fill with foreign national PERM beneficiaries. IER found that Apple did not advertise some positions on its external job website, even though it posted other job openings there, and in some instances did not even consider applications from U.S.-based Apple employees.
The tech giant’s settlement with IER is the largest monetary award ever recovered under the Immigration and Nationality Act’s anti-discrimination provisions. The settlement agreement obligates Apple to pay $6.75 million in civil penalties and establish an $18.25 million back pay fund for eligible discrimination victims.