OpenAI Settles Worker Discrimination Allegations With DOJ

August 5, 2026 by

A unit of OpenAI has reached a settlement with the U.S. Justice Department to resolve allegations that the California-based artificial intelligence company discriminated against U.S. workers.

The Justice Department alleged that OpenAI OpCo LLC and one of its subsidiaries violated the Immigration and Nationality Act by preferring temporary visa holders for jobs under a federal program that requires companies to prioritize workers from the US.

Related: Apple Seeks Preliminary Injunction Against OpenAI in Trade Secrets Case

OpenAI has agreed to pay $1.2 million in civil penalties and establish a $2 million compensation fund for “victims of the companies’ discriminatory practices,” the Justice Department said.

“This substantial settlement ensures that OpenAI redresses harm and changes its recruitment practices so that US workers receive a fair opportunity for highly sought-after technology positions,” said the department’s Civil Rights Division Chief Harmeet Dhillon.

Under the agreement, OpenAI will provide U.S. workers “fair opportunities” to apply for jobs it seeks to fill as part of the Permanent Labor Certification (PERM) process by posting listings on the program’s website and accepting electronic applications.

A spokesperson for OpenAI said its mission requires it to attract and retain the best talent from the US and around the world.

“While we disagree with the DOJ’s findings, we reached this agreement to resolve the matter and move forward with our PERM program, which is critical for employees and candidates requiring immigration support,” the spokesman said.

The company also agreed to update its training, revise its employment policies, and subject itself to future monitoring and reporting requirements.

The Justice Department said this was the thirteenth such settlement achieved in its efforts to enforce the INA.

Top photo: The Open AI logo on a laptop in Crockett, California. Photographer: David Paul Morris/Bloomberg.