Apple will pay $25 million to settle charges that it discriminated against US citizens and green card holders when hiring for positions that ultimately went to non-US citizens.
The Justice Department alleges that Apple misused the permanent labor certification program, also known as PERM, which allows companies to sponsor workers for lawful permanent resident status in the US (usually international graduates of US universities, CNBC notes).
However, part of the program requires Apple to prove that no eligible US citizens wanted the jobs in question. This is where Apple messed up. When hiring for positions that eventually went to PERM beneficiaries, the DOJ says Apple tried to make it harder for US citizens to find out about the open positions by not posting the jobs on its external jobs website and requiring those applying through PERM to submit paper applications, thus not creating a digital trail.
“Creating unlawful barriers that make it harder for someone to seek a job because of their citizenship status will not be tolerated,” said Assistant Attorney General Kristen Clarke of the DOJ's Civil Rights Division. “This resolution reflects the Civil Rights Division’s commitment to ending illegal discriminatory employment practices.”
In the settlement, Apple maintains that it, "adhered to the recruitment steps" for the program.
"When we realized we had unintentionally not been following the DOJ standard, we agreed to a settlement addressing their concerns,” an Apple spokesperson told CNBC. “We have implemented a robust remediation plan to comply with the requirements of various government agencies as we continue to hire American workers and grow in the US.”
As a result of the settlement, Apple must pay $6.75 million in civil penalties and establish an $18.25 million back-pay fund for eligible discrimination victims.
