Slap-on-Wrist Settlement With Facebook's Discrimination Against US Workers

DOJ and DOL recently reached a slap-on-the-wrist settlement on Facebook’s highly discriminatory employment practices.

https://www.justice.gov/opa/pr/justice-labor-departments-reach-settlements-facebook-resolving-claims-discrimination-against

The case raises important implications for DOL DOJ OFLC OFCCP EEOC and DOL OIG. This is not a case of a one-off bad actor or a bit player. All public evidence indicates that such discriminatory practices are widespread, and the case should spur introspection by the government agencies charged with oversight of employment based greencards and employment discrimination.

Government stewardship of the employment based immigration system has been negligent.

DOJ alleges that FB, “Facebook engaged in a pattern or practice of discriminatory recruitment and hiring based on citizenship status by preferring visa workers for certain jobs over qualified, available U.S. workers, in violation of the Anti-Discrimination Provision. … [DOJ] determined that when a Facebook employee holding a temporary immigration status requested to become a permanent employee through the PERM process, Facebook departed from its standard recruiting and hiring processes and instead followed different procedures designed to favor the temporary visa holder and deter U.S. workers.”

DOJ alleges FB rigged its hiring process so that qualified US workers had virtually no chance to get one of these coveted jobs. Even after agreeing to the settlement, FB insists its discriminatory practices are within the rules. And it surely isn’t the only firm that uses the discriminatory practices.

Such practices _directly_ subvert Congress’ crafting of employment-based greencard laws that require firms to actively recruit US workers, hiring qualified applicants, prior to filing the greencard application. Terrible execution by the agencies. Where is the outrage from Congress?

Facebook is obviously a goliath in the tech industry. But it’s also a major employer exploiting the immigration system and a leader influencing US immigration policy. CEO Zuckerberg has publicly argued for more H-1Bs and underwrites the lobbying group FWD.US - the public face for Big Tech on immigration. The firm even received the “FB carve-out” in the 2013 CIR bill that passed the Senate.

https://wapo.st/17llk3S?tid=ss_tw

Does FB still have credibility in Congress, the Biden Administration, & media on immigration issues when it so blatantly flouts the rules protecting US workers?

Why does the company lobby on immigration? Not to save the world. Because it’s in its self-interest. It is no bit player. The company received the 6th most PERM certifications of any employer in FYs 19 & 20. DOL approved 3,002 of its PERM applications. How many did the agency deny while FB was discriminating? ZERO

ZERO applications denied during the time that DOL alleges FB was systematically rigging its PERM process to discriminate against US workers. What does that say about DOL's ability to ensure real-time compliance?

Government officials may be celebrating, but much more needs to be done for any semblance of a victory for US workers.

The settlement is too small to be meaningful and it does nothing to fix the widespread scamming of the high-skilled immigration process.

Punishments should be sizable enough to deter future bad behavior. DOJ fine of $14mm is literally a rounding error to FB’s $86bn in revenue (0.016%).

$9.5 million settlement fund for US workers who were discriminated against is a slap-in-the-face to every US worker. Over past two years, Facebook received approvals from @USDOL for 3,000 certifications. How many US applicants lost hundreds of thousands because they were bypassed? Multiple qualified applicants for each opening. Remember that a job at Facebook can change one’s career trajectory. What will the victims receive? A few hundred dollars?

FB has more than 15% of its US workforce on H-1B visas according to its self-reporting to DOL. This isn’t a few workers here or there. The scale and scope of harm to US workers is massive.

The foreign workers applying for the rigged PERM were originally hired on H-1B visas, which doesn’t require any recruitment of US workers.?So, US workers _never_ had a shot at the FB jobs.

And it’s clear that discrimination against US workers is widespread across Silicon Valley – see suits against Oracle, Cisco, etc.

Keep in mind that Facebook retains a leading immigration law firm to process its thousands of PERM applications. The same law firm represents Google, Oracle, LinkedIn, Amazon, for PERM app. Is DOJ examining employment practices at those firms?

These practices undermine American public confidence in employment-based immigration. US workers rightly view the programs as designed to undercut their job opportunities and wages. US workers were promised by Congress that they have a first and legitimate shot at these jobs.

US workers were promised that they have a first and legitimate shot at these jobs. But DOJ, DOL and USCIS refuse to enforce the law. This settlement simply sheds light on the outright negligence by those in charge from both parties in ensuring the law is faithfully executed.

Everyone involved in the employment based (EB) process knows that many, probably most employers, game the system to exclude qualified US workers from ever getting a shot at the open position. In fact, back in 2007, a video from a training session by the law firm Cohen Grigsby explained how to disqualify every qualified US applicant to wire the job to the foreign worker.

https://www.youtube.com/watch?v=TCbFEgFajGU&t=1s

Time for DOL OIG to study vulnerabilities to the employment based green card process. Begin by publishing how many PERM applications result in a qualified US applicant being hired.

Time for Congress to hold hearings and hold exec branch to account.