In recent news, Facebook and Apple settled large sums, $14.25 million and $25 million respectively, with the U.S. Department of Justice’s Immigrant and Employee Rights Section (IER) signalling to employers about the latitudes of federal government fines. These fines may apply to companies even if they are compliant with the recruitment steps required by the Permanent Electronic Review Process (PERM).
Essentially, organizations that fall afoul of regulatory oversight in employment practices could face substantial levies. In the instance of the aforementioned tech giants, both settlements relate to IER scrutiny of discriminatory employment practices under the PERM process.
This review, penned by Maynard Nexsen, serves as a critical insight into the need for corporations to further refine their Human Resources and Legal departments to avoid any potential compliance pitfall.
This underscores the ephemeral nature of compliance within immigration employment law, even when enterprises believe they are abreast with the requirements. Reflecting the ever-present need for corporates to remain updated with complex and dynamic regulations, these cases could indeed serve as cautionary tales.
Legal professionals, especially those working in multinational corporations and large law firms, should take note of these developments as they highlight the financial and reputational repercussions of unchecked discriminatory employment practices.
Moreover, this recent uptick in government scrutiny of employment practices is a matter of larger societal concern, requiring corporations to not only adhere to legal guidelines but also usher in a more inclusive and fair workplace environment. Firms must ensure that their hiring practices, particularly in relation to the PERM process, are thorough, just, and law-abiding — potentially saving them from hefty fines, and supporting diversity in the workplace.