In a recent development, the U.S. Department of Justice (DOJ) announced a resolution concerning allegations against premier technology company, Apple. The tech giant had been accused of discriminatory recruitment and hiring practices. Central to the issue was the program electronic review management (PERM) process, which deals with labor certification. The claims alleged that the way Apple conducted this process violated the anti-discrimination provision of the Immigration and Nationality Act, 8 U.S.C. § 1324b (INA).
While the specifics of the case have not been made public, the allegations indicate that some form of bias may have been involved during Apple’s recruitment phases, specifically regarding labor certification. The program electronic review management (PERM) process is pertinent for foreign nationals seeking to adjust their status to that of lawful permanent residents, according to employment-based immigration provisions.
Apple’s alleged violation of the Immigration and Nationality Act’s anti-discrimination provision underscores the critical importance of following correct procedures during recruitment and hiring phases. In particular, corporations and law firms must ensure that their hiring practices are not discriminatory in any form, as the DOJ’s settlement with Apple indicates a possible tightening of regulations around recruitment and hiring methods.
Further details of the DOJ’s settlement with Apple, along with analysis of the potential implications on hiring practices, can be obtained from Faegre Drinker Biddle & Reath LLP’s coverage of the matter.