In a significant development, Apple has agreed to pay $25 million to settle claims of employment discrimination based on citizenship, as announced by the US Department of Justice (DOJ) earlier this week. The settlement agreement brings a close to the DOJ’s investigation by its Immigration and Employee Rights Section into Apple’s alleged discriminatory hiring and recruitment practices.
The DOJ had determined that Apple was in violation of 8 U.S.C. § 1324b(A)(1)(B), an anti-discrimination provision of the Immigration and Nationality Act (INA), which prohibits hiring, recruiting or discharging an individual due to their citizenship status. The investigation into these claims was initiated back in February 2019, where the DOJ found that:
Apple followed different procedures designed to favor the temporary visa holder and deter US applicants (which include US citizens, US nationals, lawful permanent residents, and those granted asylum or refugee status). Specifically, Apple did not advertise positions on its external job website and required all applicants to mail paper applications, as opposed to allowing electronic applications… deterring US applicants from applying.
Despite the settlement, Apple maintains that the resolution does not suggest an admission of any unlawful activity. The company’s $25 million payment will comprise of civil penalties and backpay as compensation to those impacted by the alleged discriminatory employment processes. According to Apple’s Business Conduct Policy, the company “is dedicated to maintaining a creative, diverse, inclusive, and supportive work environment, and does not tolerate discrimination or harassment of employees or non-employees.”
Significantly, this settlement marks the largest recovery ever under the INA by the DOJ. Assistant Attorney General Kristen Clarke of the DOJ’s Civil Rights Division emphasised that “Creating unlawful barriers that make it harder for someone to seek a job because of their citizenship status will not be tolerated.”