OpenAI settles DOJ worker discrimination claims

The U.S. Justice Department announced on August 4, 2026, that OpenAI and its subsidiary Statsig will pay $3.2 million to settle allegations that they discriminated against U.S. workers by favoring foreign workers with temporary employment visas. The DOJ alleged that OpenAI and Statsig violated the Immigration and Nationality Act of 1952 by discouraging U.S. applicants during the Permanent Labor Certification (PERM) process. Specifically, they failed to advertise certain positions on their external job website, required paper applications for those roles, and advertised on late-night radio. The settlement includes $1.2 million in civil penalties and $2 million to compensate alleged victims. OpenAI denied wrongdoing but agreed to revise employment policies, conduct training, and submit to DOJ monitoring. This is the 13th settlement under the DOJ's Protecting U.S. Workers Initiative, which has targeted tech companies. The settlement reflects ongoing scrutiny of visa programs, with President Donald Trump having proposed a $100,000 fee on new H-1B visas, which is currently blocked by legal challenges.