Facebook resolves discrimination claims against U.S. workers for jobs – .

Facebook resolves discrimination claims against U.S. workers for jobs – .

Facebook has settled allegations that it refused to recruit or hire American workers for positions reserved for temporary visa holders, the Justice Department said on Tuesday.
It also reached a separate settlement with the Ministry of Labor regarding potential recruitment violations through a program that makes jobs available to temporary visa holders. As part of the program, companies must make good faith efforts to recruit American workers for the positions.

The DOJ settlement stems from a complaint filed under the Trump administration in December 2020, claiming that Facebook discriminated against American workers by reserving certain positions for temporary visa holders from at least January 1, 2018 to September 18, 2019. Agencies said Facebook unlawfully and intentionally discriminated against American workers based on their citizenship or immigrant status when using the Permanent Labor Certification Program (PERM).

Facebook will pay a civil fine of $ 4.75 million under the settlement and make up to $ 9.5 million available to pay eligible victims, according to a press release. A Justice Department official said on a call with reporters that the Civil Rights Division would work with Facebook to identify potential victims and that the agency would ultimately approve the list of people eligible for payment.

Although the fine is extremely low for a company worth almost $ 1 trillion, the regulations are the latest development in the constant stream of bad news for the company. In recent weeks, Facebook has come under even more scrutiny than usual from the US government after a whistleblower and former employee published thousands of pages of internal research in the Wall Street Journal and in the Senate highlighting how its products can negatively affect some young users.

The settlement figures represent the biggest fine and the biggest compensation that the Civil Rights Division of the Department of Justice has clawed back under the anti-discrimination provision of the Immigration and Nationality Act.

The company will also need to publish job postings for PERM positions more widely and take steps to ensure that its processes for staffing these positions align with its normal hiring practices.

Facebook’s separate settlement with the DOL stems from a 2021 audit of the company’s pending PERM applications, which it opened after the DOJ filed its complaint. The department identified potential violations in Facebook’s hiring process as a result of the audit. The company will give additional notice and recruit US workers and will need to undergo ongoing audits and further scrutiny to ensure compliance with the PERM program for the next three years.

“While we are confident that we have followed federal government standards in our Permanent Labor Certification (PERM) practices, we have reached agreements to end the ongoing litigation and move forward with our PERM program,” which is an important part of our overall immigration program, ”a Facebook spokesperson said in a statement. “These resolutions will allow us to continue to focus on hiring the best builders in the United States and around the world, and support our internal community of highly qualified visa holders seeking permanent residence. “

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