“This significant resolution marks the fifteenth settlement agreement the Civil Rights Division has reached under my leadership to protect U.S. workers,” said Assistant Attorney General Harmeet K. Dhillon of the Justice Department’s Civil Rights Division. “Our record demonstrates that the Justice Department is holding companies who prefer workers with temporary employment visas accountable. We will not stop fighting for U.S. workers until there is a fair playing field.”
“Today’s settlement makes clear that when employers erect unlawful barriers that harm American workers, the EEOC will act decisively,” said Chair Andrea Lucas of the U.S. Equal Employment Opportunity Commission. “The EEOC is committed to holding companies accountable when they deny equal work opportunities to U.S. workers by preferring temporary visa holders for jobs. Discrimination against workers based on their American national origin has no place in our economy.”
The Justice Department’s investigation found that Instacart created additional burdens on U.S. workers to apply for job opportunities by requiring that applications be physically mailed for positions advertised as part of PERM recruitment. EEOC’s investigation uncovered similar evidence. This practice departed from Instacart’s standard recruitment process, which allowed electronic applications. As a result, many of the U.S. workers who applied were not timely considered.