DOJ Announces $18.5 Million Back-Pay Distribution to Highlight Protecting US Workers Enforcement Initiative

The Department of Justice recently highlighted an $18.25 million back-pay distribution to resolve claims that a large tech company’s hiring and recruitment practices deterred U.S. workers from applying to positions. The investigation started in 2019 by the Civil Rights Office and found that the hiring and recruitment processes the company was utilizing deterred U.S. workers from applying to positions. Along with the over $18 million in backpay, the company also paid out $6.75 million in civil penalties as part of a settlement reached in 2023.

While the settlement is not new, the DOJ’s press release reinforces this administration’s focus on anti-American bias as part of the Protecting U.S. Workers Initiative. This initiative was a focus under the first Trump administration and continues to be a focus in the second administration. In 2026, there are already over 8 settlements that have findings of discrimination regarding citizenship status with most settlements involving the hiring and recruitment practices of the companies. Along with the potential for high monetary pay-outs to affected workers and civil penalties, employers may also have to modify the way jobs are posted and train employees on the Immigration and Nationality Act (“INA”).

We anticipate the Protecting U.S. Workers Initiative to remain a focus of the administration. Employers should take steps to correct any barriers to U.S. workers in all aspects of the employee lifecycle, with an in-depth look into the recruiting and hiring process. The review should include, among other items:

• Auditing job advertisements, staffing agency relationships, and other recruiting practices for sponsorship preferences;
• Training managers and hiring officials on Title VII’s prohibition on national origin discrimination; and
• Reviewing compensation practices for U.S. and guest workers to ensure compliance with Title VII

Employers should also become familiar with the other initiatives highlighted on the Civil Rights Division homepage. As more settlements are released, Berkshire will continue to provide insights into this administration and assist our clients with any questions or concerns.