Chinmay G. Pandit is the Digital Director of OnLabor and a student at Harvard Law School.
In today’s Tech@Work: The DOJ warns employers that recruiting platforms may put them at risk of violating immigration laws. Additionally, Microsoft’s CEO cautions managers against spying on employees.
DOJ Warns Employers that Recruiting Platforms May Put Them at Risk of Violating Immigration Laws
The Justice Department warned employers that using online recruiting platforms may run afoul of immigration laws. By the end of September, roughly 20 companies — including Walmart, Capital One, and KPMG — settled with the DOJ’s Immigrant and Employee Rights (IER) Section for their use of a Georgia Tech recruiting platform that “discriminated against non-citizen applicants by illegally indicating that US citizenship was a requirement for the position.” Although the companies denied wrongdoing, they agreed to pay $1.1 million in civil penalties to settle the case.
Immigration attorneys claim that discrimination on the basis of citizenship — which is illegal unless mandated by law — has become particularly complex and wide-spread with the broad implementation of technology tools in the hiring process. The IER is now further investigating whether these programs yield a disproportionate harm on vulnerable immigrant groups, such as asylum seekers and refugees, through discriminatory algorithms and unfair documentary requirements.
The IER’s lawsuit against the 20 companies also indicated that companies may still be held liable for inadvertent discriminatory practices that occur using third-party technology. As a result, companies must take proper precautions to ensure that their recruiting technology is programmed to mitigate intrinsic biases. For example, according to Kersey Immigration Compliance LLC, companies should always verify that the default settings of their recruiting platforms are revised to not ask candidates about citizenship (unless legally required), just one of many potential steps that hiring companies must take when leveraging technology throughout the recruiting process. Thus, with the DOJ squarely placing the burden of vetting the recruiting technology onto the hiring companies, immigration attorneys have noted that HR teams must be “very wary of technology … unless it is vetted by people who understand the legal requirements behind the questions being asked.”
Microsoft CEO Cautions Against Spying on Employees
At the end of September, Microsoft released the results of an internal survey regarding corporate attitudes, which revealed that even two years after the pandemic began, roughly 85% of managers worry that they are unable to tell if their employees are getting enough work done when collaborating remotely. Conversely, 87% of workers reported that they believe their productivity is perfectly fine.
According to Microsoft CEO Satya Nadella, “[l]eaders think their employees are not productive, whereas employees think they are being productive… One of the most important things for us in this new world of work and hybrid work is to bridge this paradox.” In particular, Nadella warned managers against responding to their “productivity paranoia” with invasive practices, like spying on employees. “We don’t think that employers should be surveilling” their workers, said a Microsoft vice president, expressing concerns that hyper-monitoring of workers will stoke negative employee sentiment and accelerate workers’ burnout. Microsoft itself has recently pulled back on its own workplace productivity measuring products, such as its Productivity Score feature, to limit the potential harm of over-bearing managers.
Discussions about workplace surveillance — a practice that can include monitoring workers’ keyboard strokes, reading emails, and watching employees via laptop cameras — has led to a heated debate among employers and employees, particularly in the wake of the “quiet quitting” trend that has instigated concerns among managers about their teams’ waning productivity. Microsoft, though, seems to be hoping that it can re-orient employers’ mentality about worker productivity, recommending that they scrap intrusive employee surveillance and eliminate other unnecessary work mandates, claiming “we just think that’s wrong.”
Daily News & Commentary
Start your day with our roundup of the latest labor developments. See all
October 22
SCOTUS declines Wilcox appeal; Penn State research assistants win bargaining rights; SEIU sued over military leave firing.
October 21
DOL withdraws tipped-worker rule; Instacart settles hiring-bias claims; Phillips 66 locks out New Jersey refinery workers.
October 20
Korean unions oppose labor exemption bill; Portland city workers prepare for strike; UPenn grad student union looks to dismiss university filing
October 19
FDA reverses course on policy prohibiting off-duty union activity; FAA and NATCA reach deal to secure pay increase for air traffic controllers.
October 18
Federal judge again halts cancellation of the Bureau of Prisons’ CBA; tabletop gaming workers face roadblocks in union recognition.
October 16
Department of Labor reduces wage-and-hour enforcement at unionized workplaces; Fain's victory poses question of federal monitor's extension.