OpenAI Agrees to $3.2 Million DOJ Settlement in U.S. Worker Discrimination Probe

OpenAI and Statsig have agreed to pay $1.2 million to the federal government and reserve up to $2 million for potential back pay to resolve Justice Department investigations into alleged discrimination against U.S. workers during recruitment for permanent positions.

Federal investigators said the companies placed an added burden on U.S. workers seeking jobs tied to the permanent labor certification process, commonly known as PERM. Applicants for those positions were required to submit materials by mail, while candidates for other openings could apply electronically through the companies’ career websites.

According to the settlement, the mail requirement was not imposed during ordinary recruitment and was not required by the PERM process. The Justice Department found reasonable cause to believe that the different application methods violated a federal law prohibiting citizenship status discrimination in recruitment and hiring.

The investigation covered five OpenAI job advertisements and one Statsig recruitment effort. Federal officials concluded that the alleged conduct at OpenAI began no later than June 2023 and continued through at least April 2025. The Statsig matter involved a recruitment effort in July 2025.

OpenAI denies the Justice Department’s allegations and investigative findings. The agreement also states that the settlement and its payments do not constitute an admission by either company of wrongdoing, liability, or a violation of federal law.

PERM is a federal labor certification process employers generally must complete before sponsoring a foreign worker for permanent employment in the United States. The process requires an employer to test the labor market and determine whether qualified U.S. workers are available before moving forward with sponsorship.

Recruitment is central to that review because the government relies on the employer’s hiring efforts to assess the domestic labor market. Job postings and application procedures must give U.S. workers a genuine opportunity to learn about an opening and seek the position.

Federal law also bars covered employers from discriminating because of citizenship or immigration status during recruitment, hiring, or firing. The protection is not limited to U.S. citizens and can extend to U.S. nationals, qualifying lawful permanent residents, refugees, and people granted asylum.

A discrimination claim can involve conduct that occurs before an applicant receives an interview or formal rejection. Unequal access to a job posting or application system may come under federal scrutiny when it makes a position harder for protected workers to pursue.

The Justice Department opened four investigations involving OpenAI in August 2025 and a separate investigation involving Statsig the following month. The settlement resolves those matters without further administrative or court proceedings over the conduct covered by the agreement.

The settlement requires the companies to pay $1.2 million to the U.S. Treasury and creates a separate pool of up to $2 million for potential back pay. The amount ultimately paid to workers will depend on how many applicants the Justice Department finds eligible for compensation.

OpenAI and Statsig must provide the government with information about people who applied for the covered positions. The review includes OpenAI applications submitted beginning June 1, 2023, and Statsig applications submitted beginning July 1, 2025.

Federal officials will contact potential claimants and decide whether each person held a status protected under the law and met the minimum qualifications for the position. The Justice Department will also determine the amount of back pay owed to each eligible worker, subject to the combined $2 million cap.

Back pay is intended to replace wages a worker may have lost because of an unlawful employment practice. Unlike the civil payment made to the government, compensation for applicants will depend on individual findings about eligibility and qualifications.

Future PERM positions must be posted on the companies’ career websites and assigned unique identifiers that allow applicants to find them. OpenAI and Statsig must also accept electronic applications for those jobs in the same manner used for other recruitment.

The companies must ensure that applications for PERM positions remain available in their applicant tracking systems and can be reviewed by recruiting teams. Hiring personnel must consider candidates in good faith and may reject U.S. workers only for lawful, job-related reasons.

Employees, recruiters, contractors, and agents involved in PERM hiring must receive training on federal citizenship status discrimination rules. OpenAI and Statsig must also adopt written recruitment policies, provide reports to the Justice Department every six months, and remain subject to federal compliance monitoring.

The agreement will remain in effect for three years. It resolves the five Justice Department investigations through August 3, 2026, while preserving the right of individual workers to file their own charges and the government’s authority to investigate later conduct or practices outside the scope of the settlement.