DOJ files discrimination lawsuit against Facebook

On December 3, 2020, the Department of Justice (“DOJ”) filed suit against Facebook alleging that Facebook “refused to recruit, consider, or hire qualified and available U.S. workers for over 2,600 positions.”  The positions at the center of the DOJ’s complaint were valued at approximately $156,000 per year.  DOJ further alleged that after a two-year investigation, DOJ investigators discovered that Facebook “intentionally created a hiring system in which it denied qualified U.S. workers a fair opportunity to learn about and apply for jobs that Facebook instead sought to channel to temporary visa holders Facebook wanted to sponsor for green cards.”

During their investigation the DOJ determined that Facebook failed to advertise their open positions and misapplied the permanent labor certification (“PERM”) process.  The U.S. Department of Labor (“DOL”) created the PERM process to offer permanent positions to temporary visa holders by granting them permanent resident status so these individuals can live and work in the United States legally.  While the PERM process allows temporary visa holders permanent residency in the United States, the DOL requires that employers first demonstrate that “there are no qualified and available U.S. workers for the position that the employer plans to offer to the temporary visa holder.”

In their Complaint, the DOJ alleged that Facebook obtained, “zero or one U.S. worker applicants for 99.7 percent of its PERM positions, while comparable positions at Facebook that were advertised on its careers website during a similar time period typically attracted 100 or more applicants each.”  Furthermore, the DOJ asserted that while Facebook’s tactics discouraged U.S workers, temporary visa holders were more likely to continue their employment relationship with Facebook to maintain their status as job mobility was low based on their circumstances.

The DOJ seeks civil penalties, including backpay, and other relief for the domestic workers denied employment from Facebook because of their alleged discrimination in favor for temporary visa holders.

While many uncertainties remain, if you feel that your employer has discriminated or retaliated against you for exercising your rights during the ongoing COVID-19 pandemic, please contact Borrelli & Associates, P.L.L.C. immediately to schedule a consultation.