Fb concludes claims that it has discriminated towards US employees for some jobs in favor of non permanent visa holders

Mark Zuckerberg, CEO and Founder of Facebook Inc., speaks during a House Energy and Commerce Committee hearing in Washington, DC, the United States, on Wednesday, April 11, 2018.

Andrew Harrer | Bloomberg | Getty Images

Facebook has settled claims that it has refused to recruit or hire U.S. workers for positions it has reserved for temporary visa holders, the Justice Department said Tuesday.

It also separately reached an agreement with the Department of Labor on potential recruitment violations through a program that provides jobs for temporary visa holders. Under the program, companies must use good faith efforts to recruit US workers for the positions.

The DOJ’s settlement stems from a complaint filed under the Trump administration in December alleging that Facebook discriminated against US workers by opening certain positions for temporary visa holders from January 1, 2018 through at least September 18 In 2019, Facebook made a reservation to illegally and deliberately discriminated against US workers based on their citizenship or immigration status while they were using the permanent job certification program (PERM).

According to a press release, under the terms of the settlement, Facebook will pay a civil penalty of $ 4.75 million and provide up to $ 9.5 million to pay legitimate victims. A DOJ official said on a call with reporters that the Civil Rights Division will work with Facebook to identify potential victims and the agency will eventually approve the list of people eligible for the payout.

While the fine is negligible for a company worth nearly $ 1 trillion, the comparisons are the latest addition in the constant barrage of bad news for the company. In the past few weeks, Facebook has been scrutinized by the US government even more intensely than usual after a whistleblower and former employee posted thousands of pages of internal research to the Wall Street Journal and the Senate to shed light on its products may affect some young users.

The numbers in the comparison represent the highest fine and fine that the DOJ’s Civil Rights Department has recovered under the anti-discrimination provision of the Immigration and Nationality Act.

The company must also advertise broader job openings for PERM positions and take steps to ensure that its processes for filling those positions are consistent with its typical hiring practices.

Facebook’s separate settlement with DOL resulted from an examination of the company’s pending PERM filings in 2021, which opened after the DOJ filed the lawsuit. As a result of the audit, the department identified potential violations in Facebook’s recruitment process. The company will announce additional notifications and recruitment for U.S. workers and will have to undergo ongoing audits and scrutiny to ensure compliance with the PERM program for the next three years.

“While we firmly believe that we have met federal government standards in our permanent labor certification (PERM) practices, we have entered into agreements to end the ongoing litigation and advance our PERM program, which is an important part of our overall organization Immigration program, “a Facebook spokesperson said in a statement.” These resolutions will allow us to continue to focus on recruiting the best construction workers from the US and around the world and supporting our internal community of highly skilled visa holders, the one seek permanent residence. “

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