The Department of Justice filed a complaint today accusing Facebook Inc. of discriminating against the U.S. workforce regarding its hiring practices.

Prosecutors accuse Facebook of purposefully hiding jobs from the U.S. workforce and ignoring them for 2,600 positions that had an average salary of $156,000.

The lawsuit alleges that Facebook “diverged from its normal recruiting protocols” by not advertising jobs in its “careers” section on its website and not receiving applications via email. The lawsuit states that Facebook gets almost “zero applications for these advertised positions” and if it does, it doesn’t “consider them for the advertised positions.”

In the U.S., if a temporary foreign worker is hired with a permanent labor certification, the hiring company must prove that it was unable to find a suitable candidate who is a U.S. citizen. What prosecutors are saying is that by hiding certain positions, Facebook gave its guest workers, such as those holding an H-1B visa, a better chance of getting the job.

“The Department of Justice’s lawsuit alleges that Facebook engaged in intentional and widespread violations of the law, by setting aside positions for temporary visa holders instead of considering interested and qualified U.S. workers,” said Assistant Attorney General Eric S. Dreiband of the Civil Rights Division. “This lawsuit follows a nearly two-year investigation into Facebook’s practices and a ‘reasonable cause’ determination by the Justice Department’s Civil Rights Division.”

President Trump has for years been a vocal critic regarding big tech hiring foreign workers. In 2017, his administration halted the fast processing of H-1B visas. In 2020, he signed an executive order to suspend various nonimmigrant visas, a move in line with his conviction that tech companies have been giving the cold shoulder to U.S. workers.

“Our message to workers is clear,” said Dreiband. “If companies deny employment opportunities by illegally preferring temporary visa holders, the Department of Justice will hold them accountable. Our message to all employers — including those in the technology sector — is clear: you cannot illegally prefer to recruit, consider, or hire temporary visa holders over U.S. workers.”

Facebook said it’s cooperating with the DOJ, but it disputes the allegations in the complaint.

Photo: Marco Paköeningrat/Flickr