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Judge Rejects Facebook’s Bid to Dismiss Lawsuit Claiming Discrimination Against American Workers

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An administrative law judge has ruled that Facebook must face allegations that it discriminated against U.S. workers based on their citizenship by reserving thousands of jobs for temporary visa holders, Department of Justice (DOJ) documents show. On June 8, the DOJ’s Executive Office for Immigration Review announced that the Office of the Chief Administrative Hearing Officer (OCAHO) published a decision (pdf) by Administrative Law Judge (ALJ) Andrea R. Carroll-Tipton that denied Facebook’s motion to dismiss a lawsuit accusing the social media giant of discriminatory hiring practices. Facebook sought to dismiss the lawsuit, initially brought by the DOJ against the company in December 2020, which alleged that the social media giant refused to consider or hire qualified and available U.S. workers for over 2,600 positions that it hoarded for temporary visa holders it sponsored for permanent work authorization, or “green cards,” in connection with the permanent labor certification process (PERM). “The Department of Justice’s …

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