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The Trump administration is suing Facebook over allegations that the tech giant discriminated against American workers by creating recruitment processes favoring temporary visa holders, according to a complaint filed Thursday by the Department of Justice (DOJ).
The complaint alleges that Facebook created a separate hiring process for certain holders of temporary immigration status, such as H-1B visa holders, and alleges that Facebook did not consider American workers for more than 2,600 positions with an average salary of approximately $ 156,000.
The complaint is the Trump administration’s latest move against a major tech company.
he follows a nearly two-year investigation and targets hiring practices between January 1, 2018 and September 18, 2019.
“Our message to workers is clear: If companies turn down job opportunities by illegally preferring temporary visa holders, the Justice Department will hold them accountable. Our message to all employers – including those in the tech sector – is clear: you cannot illegally recruit, consider or hire temporary visa holders over American workers, ”said Deputy Attorney General Eric S. Dreiband of the Civil Rights Division in a statement.
A Facebook spokesperson said in a statement that “although we dispute the allegations of the complaint, we cannot comment further on the pending litigation.”
The spokesperson also said that Facebook had cooperated with the DOJ in its review of the matter.
The complaint alleges that when some employees with temporary immigration status at Facebook apply to the company for permanent positions through the permanent job certification process, the tech giant “creates a permanent position that is not open. only to this temporary visa holder.
For these positions, Facebook “implements a recruitment process that is intentionally designed to deter American workers from applying,” including not advertising the post on its website, not accepting online applications, and requiring applicants to send their applications by post, according to the complaint.
“Unsurprisingly, Facebook often does not receive any applications for these advertised positions. And even when American workers apply, Facebook will not consider them for the positions advertised. Instead, Facebook fills these positions exclusively with temporary visa holders. Simply put, Facebook reserves these positions for temporary visa holders, ”the complaint alleges.
The process differs from general Facebook practices, according to the complaint.
Facebook generally uses a “rigorous and competitive hiring process,” including advertising the job on its website and receiving hundreds of applications, the complaint says.
The suit is the latest legal battle Facebook faces. The Federal Trade Commission (FTC) and a group of states are separately planning antitrust lawsuits against Facebook, aimed at the tech giant’s acquisition of small apps Instagram and WhatsApp.
The FTC and state attorneys general are expected to announce legal action plans soon.
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