The Mercury News Weekend

Facebook slights U.S. workers, Justice Dept. says in suit.

Justice Department looking at 2,600 jobs for foreigners

- By Ethan Baron ebaron@bayareanew­sgroup.com

The U. S. Department of Justice on Thursday sued Facebook alleging it discrimina­ted against U. S. workers in hiring, favoring foreign workers on the H-1B visa, the agency announced Thursday.

At issue are 2,600 positions paying an average salary of about $156,000 that the Menlo Park social media giant allegedly set aside for foreign workers it wanted to sponsor for green cards, the Justice Department said in a news release.

“Rather than conducting a genuine search for qualified and available U. S. workers for permanent positions sought by these temporary visa holders, Facebook reserved the positions for temporary visa holders because of their immigratio­n status,” the department said.

“Facebook sought to channel jobs to temporary visa holders at the expense of U. S. workers by failing to advertise those vacancies on its careers website, requiring applicants to apply by physical mail only, and refusing to consider any U. S. workers who applied for those positions.

“Facebook’s discrimina­tory recruitmen­t and hiring practice is routine, ongoing, and widespread.”

A Facebook spokespers­on said in an emailed statement that the firm has been cooperatin­g with the department, but disputes the allegation­s.

The alleged discrimina­tion occurred between January 2018 and Sept. 18, 2019, the department alleged.

The purported offenses occurred when visa holders requested permanent positions under the green card process, which triggers a legal requiremen­t for employers to ensure that no U. S. workers were available, according to the

lawsuit.

“Not only do Facebook’s alleged practices discrimina­te against U. S. workers,

they have adverse consequenc­es on temporary visa holders by creating an employment relationsh­ip that is not on equal terms,” the department alleged. “Such temporary visa holders often have limited job mobility and thus are likely

to remain with their company until they can adjust status, which for some can be decades.”

The administra­tive lawsuit was filed by the department’s Civil Rights Division in the department’s Executive Office for Immigratio­n Review. The division is seeking an order forcing Facebook to stop its alleged illegal practices and to pay “an appropriat­e civil penalty.”

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