In a significant development, the Justice Department has reached a groundbreaking agreement with tech giant Apple Inc. (“Apple”), resolving allegations of discriminatory hiring practices. The agreement, announced on Nov. 9, 2023, highlights the company's illegal discrimination against both U.S. citizens and certain non-U.S. citizens holding valid permits to live and work here.

The Justice Department's investigation, initiated in February 2019, revealed a concerning pattern of discrimination by Apple in its recruitment efforts for positions falling under the Permanent Labor Certification Program (PERM). The PERM program, administered by the U.S. Department of Labor and the U.S. Department of Homeland Security, enables employers to sponsor workers for lawful permanent resident status in the U.S. Any U.S. employer that utilizes the PERM program cannot illegally discriminate in hiring or recruitment based on citizenship or immigration status.

The findings indicated that Apple had created unlawful barriers, making it more challenging for U.S. citizens and certain non-U.S. citizens with valid permission to live and work in the United States to seek employment opportunities. The discriminatory practices adversely affected U.S. citizens, U.S. nationals, lawful permanent residents, and individuals granted asylum or refugee status.

Violations and Consequences

The investigation highlighted specific instances where Apple deviated from its standard recruitment practices, hindering access to PERM positions for qualified individuals. Notably, Apple should have advertised PERM positions on its external job website, a departure from its usual practice for other job positions. Moreover, the company mandated paper applications for PERM positions, rejecting electronic submissions that were permitted for different roles.

As a result of these discriminatory practices, the number of applications for PERM positions significantly dwindled, preventing protected workers from applying for roles Apple preferred to fill with PERM beneficiaries.

Under the agreement, Apple is now required to pay up to $25 million in back pay and civil penalties, the most significant award the department has recovered under the anti-discrimination provision of the Immigration and Nationality Act (INA).

Apple will also restructure its recruitment practices and employee training. Apple is required to align its recruitment practices for PERM positions with its standard procedures. This involves posting PERM positions on its external job website, accepting electronic applications, and ensuring applicants to PERM positions are searchable in its applicant tracking system. Apple will also train its employees on the anti-discrimination requirements outlined in the INA. To ensure compliance with the settlement terms, the Justice Department will monitor Apple for a three-year period.

The resolution of this case emphasizes the Justice Department's commitment to eliminating discriminatory employment practices. Assistant Attorney General Kristen Clarke stressed the importance of removing unlawful barriers that hinder individuals from seeking employment based on their citizenship status. This landmark agreement is a significant step towards fostering inclusivity and equality in the workplace, setting a precedent for holding corporations accountable for discriminatory practices. As the technology industry continues to evolve, companies must prioritize fair and non-discriminatory hiring practices, fostering a work environment that values diversity and equal opportunity for all.