The Department of Justice has quietly given the green light to a lawsuit charging Facebook with a policy of discriminating against thousands of job-seekers because they are American.
“Employers take note: Dept of Justice ALJ allows complaint that Facebook discriminated against US workers …. Case now goes to trial,” said a June 8 tweet by immigration lawyer William Stock.
“As the Court has previously held, allegations of manipulating the hiring practice to disqualify individuals based on citizenship, meet the legal standard in this forum for stating a claim upon which relief can be granted,” said the June 2 decision by the department’s little-known Office of the Chief Administrative Hearing Officer (OCAHO).
The decision denied Facebook’s plea to dismiss the December 2020 discrimination complaint by officials working for President Donald Trump.
“It’s great that OCAHO is doing this, ” responded Bob Heath, a Florida-based tech entrepreneur who has filed several lawsuits against Fortune 500 subcontractors for discriminating against Americans. “The EEOC [Equal Employment Opportunity Commission] needs to jump on board, and the Department of Labor needs to jump on board,” Heath told Breitbart News.
Heath has already worked through OCAHO to force two companies to settle discrimination cases. He has another five discrimination cases at OCAHO, and is preparing to file several more.
Trump’s complaint said Facebook hid job advertisements from eager American graduates so U.S.-based managers could pretend that the only qualified candidates for the jobs were the company’s growing population of temporary foreign workers who want to get green cards. The lawsuit said the company discriminated against the many thousands of Americans who applied for roughly 2,600 jobs at Facebook:
From January 1, 2018 to April 28, 2019, Facebook’s online job postings for … [normal job] positions that it ultimately filled received on average 104 total applicants per position.
In contrast, in the 1,128 recruitment reports that Facebook prepared in connection with its [green card] applications filed [in the 10 months] between July 1, 2018 and April 28, 2019 … Facebook reported that it received zero U.S. worker applicants in 81.5% of these reports (919 reports), that it received one U.S. 10 worker applicant in 18.3% of these reports (206 reports), and that it received 2-4 U.S. worker applicants in the remaining 0.3% of these reports (3 reports).
The scheme allegedly allowed the company to request the huge prize of permanent green cards for its corps of temporary workers who were imported via the H-1B, L-1, H4EAD, J-1, O-1, TN, CPT, and OPT programs. Most of the foreign workers are mid-skilled and are mostly put to work as interchangeable gig-workers doing routine work delegated by Fortune 500 to its pyramid of subcontractors.
There is growing evidence executives at many Fortune 500 companies — and their tiers of subordinate contractors — prefer mid-skilled visa workers to independent and cooperative American professionals.
The roughly 1.5 million foreign workers are cheaper, compliant, and controllable, partly because they are foreign contractors and can be sent home by lower-level managers for any cause.
Most importantly, Fortune 500 executives prefer visa workers because they cannot do what so many American tech experts used to do — quit to develop innovative products elsewhere that threaten the share value held by their executives.
The foreign workers are also cheaper, compliant, and controllable because most want to win the hugely valuable, government-provided, deferred bonus of citizenship from their executives.
The Fortune 500 companies, Heath said, maintain networks of subcontractors to implement this form of national discrimination at minimal legal risk, he said. “There are hundreds of thousands of American professionals that are displaced every year,” he told Breitbart News.
The scale of discrimination against American graduates — including engineers, therapists, doctors, designers, software programmers, scientists, architects, statisticians, and managers — helps to drag down salaries for American male and female graduates in a wide variety of white-collar careers.
The foreign workers are delivered by the Department of Homeland Security, headed by pro-migration zealot Alejandro Mayorkas.
Mayorkas has said that the dignity of migrants is “foremost” for the DHS decision-makers. Since February, Mayorkas cut down several regulations set by Trump’s deputies to protect American graduates from the indignity of losing their jobs, homes, and careers to cheaper visa workers.
In 2016, the Charlotte Observer described how the visa programs push young American graduates out of jobs and careers:
“I’m working more and more with H-1B visa developers than American developers within our company,” the [bank] employee said. “We’ve seen them pretty much replace a lot of the developer/programmer-type roles.
“If you go into any development team in the bank, I don’t know of any American developers that I’ve worked with over the last couple of years. They’re all Indian.”
Some of the positions being filled by H-1B workers require only basic computer skills, the employee said. “The jobs that we’re replacing here aren’t rocket science. It’s database developers,” the employee said, “skills you can learn through a four-year program … at any major American university.”
“It’s certainly a good thing that there’s s some level of enforcement,” said Rob Law, the director of regulatory affairs and policy for the Center for Immigration Studies. He continued:
Facebook was clearly discriminating against Americans in violation of our immigration laws. Will there be real punitive sanctions imposed upon, or only a simple slap in the wrist? These large companies have big bank accounts and a million dollar fine may looks like a big amount of money, but it’s a rounding error for these guys.
“If it’s just part of the cost of doing business, they’ll keep doing it,” he said.