Apple settles with U.S. government for $25 million in immigration hiring dispute

In a groundbreaking settlement, technology giant Apple Inc. will pay $25 million to resolve allegations by the U.S. Department of Justice (DOJ) that the company engaged in discriminatory hiring practices favoring immigrant workers over U.S. citizens and green card holders for specific job positions. The DOJ made the announcement on Thursday, 9 November 2023, marking the largest-ever settlement by the company in a case involving discrimination based on citizenship.

The Justice Department issued a statement asserting that Apple violated federal law by neglecting to recruit U.S. citizens or permanent residents for positions eligible for a federal program enabling employers to sponsor immigrant workers for green cards. This violation, which contravenes the prohibition of discrimination based on citizenship, has led to the historic settlement.

Under the terms of the settlement, Apple will pay $6.75 million in civil penalties and an additional $18.25 million to an unspecified number of affected workers. The DOJ did not disclose which specific Apple jobs were impacted by the discriminatory recruitment procedures or how the company may have benefited from them.

In response to the settlement, Apple released a statement acknowledging that it had "unintentionally not been following the DOJ standard" and outlined its commitment to compliance with government requirements. The company highlighted the implementation of a comprehensive remediation plan aimed at ensuring adherence to various government agencies' standards while emphasizing its ongoing commitment to hiring American workers and expanding its presence in the U.S.

The Justice Department's investigation revealed that Apple did not advertise job openings eligible for the permanent labor certification, or PERM, program on its website, a standard practice for other positions. Additionally, the company required applicants for these jobs to submit paper applications, deviating from its usual acceptance of electronic applications. These less effective recruitment procedures often resulted in minimal or no applications for PERM positions from candidates whose work permissions were not time-limited, according to the DOJ.

The use of foreign labor, often perceived as more cost-effective than hiring U.S. workers, raises concerns about the potential exploitation of immigrant workers dependent on their employers for green card sponsorship. In conjunction with the financial settlement, Apple has agreed to align its recruiting practices for PERM jobs with its normal procedures. The company will also undertake broader recruitment efforts and provide training for employees on anti-discrimination laws, as stipulated in the settlement agreement.