OpenAI Settles Hiring Discrimination Allegations

The U.S. Department of Justice (DOJ) announced a $3.2 million settlement with OpenAI and its subsidiary, Statsig, on August 4, 2026. The agreement resolves allegations that the companies violated the Immigration and Nationality Act by favoring temporary visa holders over U.S. workers during the Permanent Labor Certification (PERM) recruitment process. OpenAI has agreed to revise its employment policies, provide staff training on anti-discrimination requirements, and submit to federal monitoring, though the company does not admit to wrongdoing.

The DOJ investigation identified specific recruitment practices used by OpenAI that allegedly discouraged U.S. applicants. These included failing to post PERM-related job openings on the company’s external career website, requiring paper applications for these roles while accepting electronic submissions for other positions, and advertising vacancies on late-night radio. The government stated these actions effectively limited the ability of U.S. workers to compete for technology roles.

Under the terms of the settlement, OpenAI will pay $1.2 million in civil penalties to the United States and establish a $2 million back-pay fund to compensate affected individuals. While the case involved fewer than ten specific job positions, the total settlement amount is $3,200,000.