DOJ, DOL Settle PERM Recruitment Discrimination Case

• A recent DOJ and DOL settlement highlights the importance of compliant PERM recruitment practices and ensuring U.S. workers have a meaningful opportunity to apply for labor certification-related positions.  

PERM Recruitment Discrimination Case

The U.S. Department of Justice (DOJ) and U.S. Department of Labor (DOL) recently finalized a settlement with a technology company over allegations that aspects of its PERM recruitment process prevented some U.S. workers from applying for advertised positions. According to the agencies, the recruitment process deterred qualified U.S. workers from applying and prevented those individuals from being considered for employment opportunities.  

PERM Recruitment Compliance Requirements 

As part of the settlement, the employer agreed to: 

• Pay civil penalties.  
• Establish a back-pay fund for eligible workers allegedly affected by the recruitment practices. 
• Conduct PERM recruitment activities in the same manner as comparable non-PERM recruitment efforts.  
• Use standard recruiting channels, including career websites and applicant tracking systems, for PERM-related positions.  
• Participate in compliance training and government monitoring. 

For More Information: PERM Recruitment Compliance 

Recent enforcement activity underscores the importance of conducting PERM recruitment in good faith and ensuring U.S. workers have a meaningful opportunity to apply for positions associated with the labor certification process.  

Employers may wish to review their current recruitment procedures, application methods and internal documentation practices in light of evolving scrutiny from federal agencies.  

For additional guidance, see: 

• Good-Faith PERM Recruitment Compliance: Learn more about employer obligations and best practices for conducting PERM recruitment in accordance with regulatory requirements. 
• Eight Ways to Check Your PERM Recruitment Process: Review key considerations and potential risk areas that employers should evaluate as part of ongoing PERM compliance efforts. 

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