The Justice Department filed a lawsuit against Facebook this week, alleging they discriminated against U.S. workers by favoring foreign workers who would accept lower wages.
The lawsuit, which is the result of a two-year investigation into Facebook’s hiring practices, alleges that Facebook violated Labor Department regulations that require companies to seek qualified and available U.S. workers before hiring foreign workers through temporary visa applications.
As a result, more than 2,600 qualified American workers were passed over, the lawsuit states.
Facebook used the PERM process regularly while hiring, the lawsuit alleges, which allows U.S. companies to offer foreign workers permanent positions by converting them into permanent residents.
To use this process, however, companies must demonstrate to the Labor Department that there were no qualified or available U.S. workers.
Facebook did not do this, the DOJ argued. In fact, Facebook did not even try to conduct searches for U.S. workers and instead reserved specific permanent positions for foreign workers.
“The Department of Justice’s lawsuit alleges that Facebook engaged in intentional and widespread violations of the law, by setting aside positions for temporary visa holders instead of considering interested and qualified U.S. workers,” said Assistant Attorney General Eric Dreiband of the DOJ’s Civil Rights Division.
“Our message to all employers—including those in the technology sector—is clear,” he continued. “You cannot illegally prefer to recruit, consider, or hire temporary visa holders over U.S. workers.”
The DOJ is seeking backpay for the U.S. workers who were denied employment.
According to ABC News, the average salary of positions Facebook denied to American workers is $156,000.
Facebook did not comment on the lawsuit but said it has been cooperating with the DOJ.
“Facebook has been cooperating with the DOJ in its review of this issue and while we dispute the allegations in the complaint, we cannot comment further on pending litigation,” the company said in a statement.
