- Daily Zen
In a major blow to Facebook, Justice Department files charges of bias against American workers in favor of H-1B visa holders.
On Thursday, a CEO Magazine shed light on an upcoming Justice Department lawsuit against Facebook over undisclosed charges. The allegations are now out in the open as the U.S. Justice Department files fresh claims against the social network. The DOJ – Facebook suit filed on Thursday alleges the company illegally prioritized hiring temporary workers over qualified U.S. workers.
According to the complaint, Facebook allegedly “refused to recruit, consider or hire qualified and available U.S. workers” for more than 2,600 positions that in many cases came with an average salary of $156,000 a year.
These positions were reserved for H-1B and other temporary visa holders that Facebook was sponsoring for permanent residence.
The 17-page complaint is a result of a two-year investigation into the matter. In the DOJ lawsuit filed against Facebook, the social network has been accused of being un-American by favoring immigrants with visas over citizens from the United States.
The DOJ’s lawsuit against Facebook alleges the social network of discriminating against American workers by failing to advertise vacancies that it intended to go to immigrant workers on its careers website, accepting physical mail applications only.
“Facebook intentionally discriminates against U.S. workers because of their citizenship or immigration status by:
(a) Designing a recruitment process that deters U.S. workers from applying for the advertised positions;
(b) Not considering U.S. workers for the advertised positions; and
(c) Hiring only temporary visa holders for the advertised positions,” the complaint reads.
The U.S. government’s suit is part of an initiative “Buy American and Hire American” that promotes the hiring of Americans. It is aimed at investigating companies that discriminate against American workers in favor of cheaper labor from temporary visa holders, which has led to several settlements with smaller companies.
The Permanent Labor Certification Process (PERM) requires employers to sponsor workers for green cards to attest that they have been unable to find any American workers to fill the vacancy.
Earlier this year, the Trump administration tightened its leash around the suspension on green cards to respond to millions of Americans who have lost their jobs as the labor market continues to reel from the pandemic. The ban on green card applications has been extended until the end of the year.
According to the Justice Department, Facebook’s “discrimination against the U.S. workers was intentional, widespread, and in violation of a provision of the Immigration and Nationality Act (INA), 8 U.S.C. § 1324b(a)(1), that the Department of Justice’s Civil Rights Division enforces.”
The lawsuit against Facebook for discriminating against U.S. workers is a part of the aforementioned Civil Rights Division’s Protecting U.S. Workers Initiative, established by the Trump administration in 2017.
The U.S. Department of Justice is seeking monetary damages among other penalties.
Industry Leaders Magazine is yet to receive a response from Facebook on the matter.