this post was submitted on 10 Nov 2023
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Apple reaches $25M settlement with the DOJ for discriminating against US residents during hiring | The DOJ said that Apple's hiring practices favored visa holders and left out US citizens and perma...::This is the largest amount that the DOJ has collected under the anti-discrimination provision of the Immigration and Nationality Act.

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[–] scytale@lemm.ee 11 points 10 months ago (6 children)

What was the benefit there, paying lower salaries for workers on visas? Can employers pay lower salaries for non citizens/residents?

[–] Dran_Arcana@lemmy.world 40 points 10 months ago (2 children)

Not just lower base salaries, its also that the good employees are at a greater disadvantage in negotiating raises / work conditions because an employer declining and letting them go instead would mean a loss of a work visa (if they don't find other work) and potential deportation.

For example, Apple can't legally mandate an 80hr work week. But being an at-will employer, they CAN just fire anyone working 40hrs/week for nebulous "performance concerns". Who is more likely to decide to work 80hrs on their own to hit impossible performance targets? The guy who has unlimited time to go find another job or the guy who if he doesn't find another job in 3 months has to pull his kids out of school and move halfway across the world?

You have a work visa worker by the balls way more than a full citizen.

[–] wmmc88@lemmy.world 2 points 10 months ago

Not sure this logic tracks. PERM is a program that transitions the current visa holder workers to instead have a green card (aka no longer need a visa). If I were to follow your logic, Apple would be incentived to make the PERM postings more accessible.

The point of these PERM postings is to prove to DoL that the current employee deserves a green card because they're not easily replaceable. If a qualified applicant applies to the PERM posting, they are not hired. It just delays the PERM process for the visa worker. If Apple wanted to keep the threat of deportation, doing the opposite of what they were fined would make more sense? Why would they want to fast track a green card for them?

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