Facebook recently reached separate settlements with the Departments of Justice and Labor which resulted in a large financial penalty in connection with its recruitment practices during the PERM process.
The DOJ lawsuit alleged U.S. worker discrimination in the company’s use of the PERM program. Specifically, the DOJ alleged that Facebook engaged in unfair recruitment and hiring practices. It is important to note that the settlements are not an admission of liability. Facebook continues to deny any wrongdoing.
The monetary component of the settlement requires that Facebook create a settlement fund to pay up to $9.5 million to impacted U.S. workers and a civil penalty of $4.75 million to the U.S. government.
In addition to the monetary penalties, the company also agreed to make various changes to their PERM recruitment practices, including, but not limited to, accepting electronic resumes or applications on its website in the same manner as for non-PERM positions; not requiring or encouraging applicants to apply via mail for PERM-related positions; posting all PERM-related positions on the Facebook website in the same manner as other roles; and entering all applicants for PERM-related positions in its internal recruiting system for consideration for related job opportunities.
The terms that Facebook have accepted in its settlement exceed the statutory and regulatory requirements for the PERM labor certification process. Further, the suit arose from a discrimination claim rather than an allegation of violation of the DOL rules for recruitment in connection with the PERM process.
Further news coverage of the settlement can be found here while a copy of the DOJ press release and link to the settlement agreement can be accessed at this link.
Please contact the attorneys at Garfinkel Immigration Law Firm with any questions and/or to receive more information.