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  • Writer's pictureRathee Law Firm

HOW EMPLOYERS CAN AVOID DISCRIMINATION IN HIRING: LESSONS FROM APPLE'S $25 MILLION PENALTY

How Employers Can Avoid Discrimination in Hiring: Lessons from Apple’s $25 Million Penalty



On November 9, 2023, the Justice Department announced that it had secured a landmark agreement with Apple Inc. to resolve allegations that Apple illegally discriminated in hiring and recruitment against U.S. citizens and certain non-U.S. citizens whose permission to live in and work in the United States does not expire. Under the agreement, Apple is required to pay up to $25 million in backpay and civil penalties, the largest award that the department has recovered under the anti-discrimination provision of the Immigration and Nationality act (INA).


Background


The settlement agreement resolves the department’s determination that Apple violated the INA’s anti-discrimination requirements during Apple’s recruitment for positions falling under the permanent labor certification program (PERM). The PERM program is administered by the U.S. Department of Labor and the U.S. Department of Homeland Security. It allows employers to sponsor workers for lawful permanent resident status in the United States after completing recruitment and meeting other program requirements. Any U.S. employer that utilizes the PERM program cannot illegally discriminate in hiring or recruitment based on citizenship or immigration status.


Penalty


Apple has accepted a $25 million penalty for its actions. This is the largest award that the department has recovered under the anti-discrimination provision of the INA. The penalty is a result of Apple’s violation of the INA’s anti-discrimination requirements during its recruitment for positions falling under the PERM program.


How Employers Can Avoid Such a Situation


To avoid such a situation, employers can take the following steps:

  1. Advertise positions on external job websites: Employers should advertise positions they seek to fill through the PERM program on their external job website, just like they do for other job positions

  1. Accept electronic applications: Employers should accept electronic applications for PERM positions, just like they do for other positions.

  1. Consider all applications: Employers should consider all applications for PERM positions, regardless of whether they are submitted electronically or through the mail.

By following these steps, employers can ensure that they do not violate the INA’s anti-discrimination requirements during their recruitment for positions falling under the PERM program.


Sources


  1. Justice Department Announces Settlement with Apple Inc. to Resolve Immigration-Related Discrimination Claims https://www.justice.gov/opa/pr/justice-department-secures-25-million-landmark-agreement-apple-resolve-employment?ssp=1&setlang=en-US&safesearch=moderate

  1. Apple to pay $25 million settlement over illegal hiring practice

  1. Apple agrees to $25 million settlement for ‘unintentionally’ favoring immigrant workers over US citizens

SEO Title: Navigating Hiring Laws: Key Strategies to Prevent Discrimination in the Workplace

SEO Summary: Explore essential strategies for employers to prevent discrimination in hiring, inspired by Apple Inc.’s $25 million penalty under the INA. Learn how to navigate the complexities of the PERM program and ensure compliance through fair advertising, electronic application acceptance, and unbiased application review. This guide is a must-read for employers seeking to foster an equitable hiring process and adhere to legal standards.

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