Cloudera will establish a $1.4 million back-pay fund and pay $600,000 in civil penalties, according to an October 16 Justice Department announcement of a coordinated resolution with the Department of Labor.
The announcement also describes a two-year bar from the PERM program, the labor-certification process used in sponsoring workers for permanent residence. That program-specific sanction is not described as a prohibition on all company hiring.
The allegations concern seven positions
DOJ says the settlement resolves its April lawsuit alleging citizenship-status discrimination against qualified U.S. workers in recruitment and hiring for seven positions under PERM.
According to the announcement, the back-pay fund is for qualified U.S. workers who tried to apply for the jobs at issue but were not given fair consideration. That description should not be read as a promise that every unsuccessful Cloudera applicant is entitled to payment.
The department says the debarment follows Labor's earlier suspension of Cloudera's PERM processing. The announcement does not provide the debarment's precise start and end dates.
Money and compliance have different purposes
Back pay is intended to compensate affected workers. Civil penalties are payable to the United States. They are separate terms, and the announcement does not establish that either payment has already been completed.
DOJ also describes enhanced monitoring, revised PERM compliance procedures and reporting requirements. Those obligations concern future compliance; their existence does not itself demonstrate how the company's subsequent recruiting operates.
Where an applicant can ask
The announcement directs workers seeking informal assistance to DOJ's Immigrant and Employee Rights Section. It lists 1-800-255-7688, available Monday through Friday from 9 a.m. to 5 p.m. Eastern.
That is an assistance contact, not a claim form or a guaranteed award. The announcement does not state an individual back-pay application deadline. The underlying settlement and a person's application history would be needed to assess an individual case.
