Cloudera, Inc. must submit a draft policy within 90 days outlining how it will accept online applications for U.S. Permanent Labor Certification (PERM) jobs under a $2 million federal settlement.
The U.S. Department of Justice (DOJ) and U.S. Department of Labor (DOL) announced the previously reported settlement Oct. 16. It establishes a $1.4 million back-pay fund for eligible U.S. workers and requires Cloudera to pay a $600,000 civil penalty to the U.S. Treasury. The agreement took effect Oct. 13.
Cloudera must send the draft policy to the DOJ’s Immigrant and Employee Rights Section (IER) for review. The company then has 30 days after IER approves it to put the policy into effect. Once implemented, it must allow electronic applications through Cloudera’s internal and external careers websites and keep applicants searchable in its applicant tracking system.
The agreement also requires Cloudera to withdraw outstanding PERM applications whose recruitment used an email address that could not receive messages from outside accounts. It bars new PERM filings and related recruitment ads for 24 months, beginning on the date of the company’s most recent PERM application withdrawal.
The DOJ alleged that Cloudera denied U.S. workers fair consideration for seven jobs. IER found reasonable cause to believe the company left those positions off its public careers site and directed applicants to the unusable address. The agreement identifies at least one affected U.S. worker; it does not record a ruling on the allegations.
Cloudera denies the allegations and says it acted without discriminatory intent. The company told the agencies it withdrew applications and made changes after learning of a possible problem with the address.
PERM is part of the process employers use to sponsor foreign workers for U.S. permanent residence. The DOL assesses whether enough U.S. workers in the relevant area are able, willing, qualified and available for a job, and whether hiring a foreign worker would adversely affect wages or working conditions for similarly employed U.S. workers.
If Cloudera resumes PERM recruitment during the agreement’s three-year term, it must retain an independent auditor. The auditor’s first report is due when filings resume, with updates every six months.
Back pay is limited to claimants whom IER determines are protected individuals and who provide sufficient evidence that they were affected by the alleged discrimination. Claimants must contact IER within 180 days of Oct. 13; the agreement lists IER.cloudera@usdoj.gov as a contact address. IER must send Cloudera its final claimant list within 260 days of Oct. 13.
