Apple to Pay $25 Million for Citizenship Discrimination

The U.S. Department of Justice has reached a $25 million settlement with Apple Inc. over allegations the company discriminated against U.S. citizens by preferring to hire foreign workers holding temporary employment visas. According to the DOJ, this is the largest settlement it has ever recovered under the anti-discrimination provision of the Immigration and Nationality Act.

Apple allegedly did not advertise certain positions on its external job website and required that those position applicants mail paper applications, which is against the standard practice for other positions.

The settlement, which is not an admission by Apple of any wrongdoing, requires Apple to pay $6.75 million in civil penalties and establish an $18.25 million back-pay fund to compensate discrimination victims. Apple will also change its recruitment practices, which includes posting all jobs on its external website and allowing electronic applications.

In 2023, Larsen & Toubro Infotech Ltd. paid $4.65 million to end allegations that the company let go U.S.-based workers in favor of South Asian workers on temporary employment visas. And, in 2021, Facebook settled a similar case, paying $14.25 million to settle allegations that it unlawfully favored temporary visa workers over U.S. workers.

What would a respectful workplace do?

Respectful workplaces make sure that their hiring practices do not unlawfully discriminate against candidates based on any characteristic protected under the law – either intentionally or unintentionally. Employers who have sound anti-discrimination, harassment, and retaliation policies, who train employees on those policies, and who hold their managers and employees accountable have the best chance of creating and maintaining a respectful workplace – and staying out of court!

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