Facebook Fined for Alleged Discrimination Against U.S. Workers

Facebook has agreed to pay a $4.75 million fine in order to settle allegations of hiring discrimination against U.S. workers. As a part of that settlement, the social-networking giant will also change some of its recruiting practices, and could pay up to $9.5 million to “eligible victims.”  

In late 2020, the U.S. Justice Department filed a lawsuit against Facebook, alleging that the company “used recruiting methods designed to deter U.S. workers from applying to certain positions, such as requiring applications to be submitted by mail only; refused to consider U.S. workers who applied to the positions; and hired only temporary visa holders.” 

Intentionally discriminating against U.S. workers because of their citizenship or immigration status is a violation of the Immigration and Nationality Act (INA), which led the Department of Labor (DOL) to launch an investigation in early 2021 into Facebook’s compliance with hiring regulations. In addition to fines and penalties, the Justice Department added in its statement, “Facebook will be required to conduct more expansive advertising and recruitment for its job opportunities for all PERM [permanent labor certification program] positions, accept electronic resumes or applications from all U.S. workers who apply, and take other steps to ensure that its recruitment for PERM positions closely matches its standard recruitment practices.”  

The fine and monetary awards are the largest that the federal government has reportedly recovered in the history of the INA’s anti-discrimination provision. “These resolutions will enable us to continue our focus on hiring the best builders from both the U.S. and around the world, and supporting our internal community of highly skilled visa holders who are seeking permanent residence,” Facebook wrote in a statement, according to NPR.  

A massive fine over its hiring isn’t the only trouble Facebook faces (pun intended) at the moment; amidst scandals related to a leaked trove of internal documents and some gnarly technical snafus, the company is reportedly considering an outright name change/rebranding. 

12 Responses to “Facebook Fined for Alleged Discrimination Against U.S. Workers”

  1. Jake_Leone

    This is actually a very puny fine compared to the scale (2600+ cases, over just a 1.5 year period). Typically the DOJ settles these cases for 100k$ per violation, this case against Facebook had 260 million dollar valuation. Many small companies wind up paying several hundred thousand dollars for just a few violations.

    This settlement was a corrupt payback for that 100 million dollars Big Tech gave the Biden Democratic Presidential campaign. We need to realize that Facebook protects foreign workers from having to directly compete with better qualified local STEM/IT candidates (by Facebook’s own admission to Federal investigators).

    And the motivation is that a foreign worker, waiting decades for a Green Card, will not blow the whistle on internal data handling problems at Facebook. Those data handling problems carry big fines right now. Facebook paid 5 billion in penalties just to settle quickly with the government and so that Zuckerberg could avoid having to get on the witness stand.

    Apparently when the CEO owns 51% of the voting stock, a company will pay billions to save the CEO from going to jail (like for example if is perjures himself on the witness stand). Zuckerberg lies all the time, when there is no perjury threat involved. But when(ever) he gets on a witness stand, he knows he can’t lie without risk, and that if he gets caught in a lie, he’s going to have something in common with Martha Stewart.

  2. Terence Somers

    This “infraction” is actually very commonplace among Tech Companies. The entire so-called interview process to justify a worker under say the H1-B program or getting that H1-B candidate’s residency is a setup. These people are brought in for a wide variety of reasons including lower pay (even though on the surface they pay looks even) and indentured servitude. Employees facing removal by USCIS are far more compliant than domestic workers who may actually require employers to obey labor laws. Fining Facebook (although I am not really a Facebook fan) is as phony as a 3 dollar bill. I suspect it is just more distain and retribution for FB because they are currently nobody’s favorite anything anymore. All Big Tech engages in this deception and I know this because I was part of the deception personally.

    • jake_leone

      Yes, they all do the Fake PERM process. Which was made possible by regulatory guidelines created by Elaine Chao, in the Bush II administration.

      But Obama did nothing to stop it.

      Only Trump actually did something.

      We have to ask, will the DOJ go after the other violators, and require them to openly advertise PERM positions? And accept Emailed resumes?

      I doubt it.

      And this will be major failing of the Biden administration, but is totally expected, since I don’t think Biden cares at all about the STEM/IT middle class. Biden cares about campaign contributions, and that 100 million dollars that Big Tech gave the Democratic campaign last year is paying off big time.

      • Terence Somers

        44 definitely did not stop it and I personally wrote him twice about the abuses of the PERM process under employment based immigration. His answer in writing to me was “the immigration process is broken”. I asked that he allow employment based immigration candidates to have legal representation citing Guantanamo Bay inmates have legal representation and standing but employee based immigrants do not hoping his African American Heritage would allow him to empathize with these souls. He did not empathize and he did nothing to right a terrible wrong that was completely within his power that required no legislation. He could have helped right the wrong with a phone call to the Director of USCIS but apparently he was just not compelled or even interested.

        • Jake_Leone

          Yes, and I voted for him 2x. Granted the other candidates (McCain, Romney) had the same (industry paid for) views on Green Cards and the H-1b visa.

          While Trump didn’t do many obvious changes early on. He did make changes, early, that thwarted the overuse by Offshore Outsourcing companies.

          And the key thing here is, his administration was at least aware of the problem. Biden is aware too, but he said he would undo every single Trump change, and that awareness is basically a spiteful and destructive awareness, not an enlightened one.

  3. 9.5 million is so less for the crime. what about perm petitions for which US Citizens might applied too? the crime is severe that visa fraud because you are applying for green cards by showing to US DOL that there are no qualified US Citizens for the job.
    If it is by a small firm they will be paying fine + jail term.

  4. I think it is ridiculous that so many of you are upset that Biden isn’t doing anything like this issue is the most important issue facing America right now. Get real. I would certainly like fair treatment if applying for a position against H1B holders just like everyone else but you have to realize that Biden can’t do everything at the same time. Apparently, people expect him to wave his magic wand and fix every problem facing America instantly.

    • Jake Leone

      Apparently you missed Biden saying he would undo every Trump change to the immigration system.

      And so he has.

      Under Trump, Offshore Outsourcing LCA and H-1b applications were closely scrutinized, half were being rejected.

      Under Biden, the rejection rate, for Offshore Outsourcing companies, is back to the Obama era level (1-2% rejection).

      Under Trump, H-1b visas were going to assigned based upon salary.

      Under Biden: Biden put that change on hold (officially for 2 years), Biden refuses to defend the change in court (it is being challenged by Big Tech, COC, and immigration lawyers). Biden could easily nullify this by having his current department head, issue a new directive, but he won’t, because his campaign contributor don’t want him too (Big Tech gave the Biden campaing 100 million dollars).

      Under Trump: H-1b salaries were to be raised, from the current begginer salary level, to that of a person with several years of experience.

      Under Biden: That rule change is DOA.

      Every where I could I pointed this our during the election. But, the unemployment caused by the pandemic overrode any such concerns.

      Biden is doing exactly what he said he would do during the campaign. Sell your job to the highest campaign (bidder) dollar amount contributors.

      That’s what career politicians, like Biden do, they sell out for campaign contributions.

  5. More than half of the job postings today are for PERM position related. Even when several qualified people submit Resume, they will not be considered as the entire process is a sham.

    Regulation for these has to change. a 3rd party governing body has to come up to oversee these.

  6. Unless you put a Federal Officer in charge of hiring at every private U.S. company, they will continue to
    discriminate based one age, wage value, gender, ethnicity, and so on. Trump only used the H1B issue to push his failed Mexico Border Wall
    narrative so he could funnel federal $$ to his cronies. You want Biden to fix this thentell Sinema and Manchin to get in line and cooperate instead of acting like Republican obstructionists.

    • Jake_Leone

      Sinema and Manchin have nothing to do with Biden’s campaign decision to reverse every change Trump made in regards to the H-1b program. Biden, if you missed it, promised (on the campaign trail) to reverse every Trump immigration change and so he has.

      Under Trump, Offshore Outsourcing companies were seeing a 50% rejection rate. Because the Trump administration wouldn’t disregard the law concerning the h-1b visa. Under the Biden administration, Offshore Outsourcing companies are now seeing small (less than 5%) rejection rate. Why, because the Big Donor in Silicon Valley like the Offshore Outsourcing companies. And Biden is perfectly willing to sell American jobs for the sake of campaign contributions (and sell those job ultra-cheaply).

      Under Trump, there was a change to allocate H-1b visas based upon salary, instead of a brain dead lottery. Biden could have reaffirmed this, it would have helped the U.S. economy greatly. Instead, Biden shelved the change and stopped fighting the challenges to the law in court. That change, would have made it easier for foreign workers on an OPT to get an H-1b visa (foreign workers filed a lawsuit to end the idiotic lottery). But the reality is, the big money is coming from Offshore Outsourcing companies, and they use the Brain Dead lottery as a way to game the H-1b program, and win half the H-1b visas each.

      Big Tech makes heavy use of the Offshore Outsourcing companies, so they don’t really care. Big Tech companies have never EVER been hurting for workers. Big Stable Tech companies like Facebook, turn away 99% of their STEM/IT candidates, even though they have admitted (to Federal investigators) that the 99% they turn away are better qualified than foreign workers that they prefer to hire. Because a foreign worker is indentured to the company, forever, until Green Card day. (DOJ vs. Facebook filed December 2020)

      Just read the DOJ vs Facebook indictment. All the information in that indictment came from Facebook. Any lie told to Federal investigators would lead to a Federal Obstruction of Justice charge. Facebook and the rest of Big Tech lie all the time about a mythical worker shortage. But that lying is a rouge, to cover up the fact that what they really want is unlimited numbers of indentured foreign workers.