The U.S. Department of Justice gave the green light to proceed with a lawsuit against the Silicon Valley giant for concealing professional Americans’ job search ads based on their citizenship and favoring foreign workers instead.

According to a Breitbart report on June 2, 2021, the Office of the Director of Administrative Hearings explained that allegations that there was manipulation in Facebook’s hiring practice whereby it disqualified people based on their citizenship met the legal standard for initiating a lawsuit upon which an administrative fine could ultimately be levied against the defendant.

The lawsuit said Facebook withheld job postings from U.S. professionals so that large U.S.-based corporations could pretend that the only qualified job candidates were the company’s growing population of temporary foreign workers seeking green cards.

The lawsuit says the company discriminated against the many thousands of Americans who applied for some 2,600 jobs at Facebook by making it appear that no Americans applied for those positions.

Facebook’s arguments

Facebook responded by saying that it is not required to follow standard Department of Labor (DOL) job hiring procedures and asked that the case, brought by Trump-era officials, be dismissed.

It further stated that the Department of Justice (DOJ) has no jurisdiction in the matter as only the DOL has exclusive authority to enforce, interpret and modify labor contract regulations.

The Silicon Valley company also argued that the labor regulations obligate the employer to consider U.S. workers for employment, but only to conduct a labor market test to determine if there are available, able, and willing U.S. applicants who are minimally qualified for the position.

The “regulation contains no requirement that U.S. workers actually be hired after inspecting the US labor market.,” Facebook wrote in its legal argument.

In other words, Mark Zuckerberg’s legal representation admits to discriminating against American professionals seeking jobs on its platform in favor of foreign workers. Nowhere in its argument does it deny the allegations and, in fact, attempts to justify it legally.

The Justice Department’s response

However, the Department of Justice did not grant Facebook’s request for dismissal, arguing that the lawsuit is not about employment contract regulations per se but about the fact that such regulations were violated, in which case the Department of Justice has full jurisdiction over any violation of U.S. laws.

In fact, one of the legal grounds cited by Facebook trying to take jurisdiction away from the DOJ to allow only the DOL to oversee the company’s hiring procedure reads:

It is the duty of the DOL “to protect American labor against an influx of aliens entering the United States for the purpose of performing skilled or unskilled labor where the economy of individual localities is not capable of absorbing them at the time they desire to enter the country,” a scenario experienced by the United States post-pandemic.

Foreign workers, a cheap, controllable and disposable labor force

By hiring foreign workers through visa programs such as the H-1B or visa programs run by universities such as the CPT (Curriculum Training Program), employers of large corporations obtain labor, although less qualified than Americans, much cheaper than a local; more controllable, meaning that they have no ‘rights’ as a citizen and also work obediently as they intend to get the ‘green card’ through their employer; and disposable because they can be fired at will without fear of suing the employer.

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