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Why is it so hard to find a job now? Enter Ghost Jobs

(arxiv.org)
391 points JSeymourATL | 2 comments | 14 Nov 24 14:35 UTC | HN request time: 0.421s | source
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shmatt ◴[14 Nov 24 14:56 UTC] No.42136701[source]▶
I have to put out a ghost job req and interview every person applying within reason for every green card a direct report is applying for. I have to show there are or aren’t any residents or citizens that can fill the job

The main problem is: even if the interviewee knocks it out of the park, is an amazing engineer, I still am not interested in firing my OPT/h1b team member who can still legally work for 2-3 years. So while I will deny their green card application and not submit it, I also won’t hire the interviewee

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morpheuskafka ◴[14 Nov 24 15:22 UTC] No.42137042[source]▶
An understandable situation. But by admitting this, your company is admitting liability for citizenship discrimination (8 U.S.C. § 1324b).

Even though you are not submitting a PERM and running into potential issues with fraud there, the underlying act of rejecting US citizen/LPR applicants is the same, so I don't see how this would be any different than, for example, the Apple case last year (https://www.justice.gov/opa/pr/justice-department-secures-25...) with a $25M settlement.

In the Apple case, the company did actually obtain PERMs for some of the positions, but they were only charged with discrimination against the un-hired applications, not anything to do with the the hiring/sponsoring of the foreign workers. Furthermore, the case did not even allege actual tossing out of US citizen resumes, but merely making the applications deliberately inconvenient to avoid actually receiving any unwanted "real" applications.

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1. underlipton ◴[14 Nov 24 16:00 UTC] No.42137512[source]▶
Is there someone who we could report this comment to? Get an investigation opened.
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2. morpheuskafka ◴[14 Nov 24 16:18 UTC] No.42137700[source]▶
It would go to the Immigrant and Employee Rights Section, Civil Rights Division, USDOJ. I think they only take formal complaints from those who applied though (it is different from the regular EEOC process though--the government itself acts as the complainant). You could try just sending them an email.