Instacart Settlement Puts PERM Job Applicants on Notice: What U.S. Candidates Should Know

A $5 million federal settlement with Instacart puts a spotlight on how employers handle applications for jobs tied to the PERM labor-certification process. The Justice Department and the Equal Employment Opportunity Commission announced the agreement on October 20, 2026, resolving allegations about different application procedures for some U.S. workers.

For job seekers, the case is a reminder to keep records when an employer gives instructions that differ from its usual application process. The settlement concerns the agencies’ allegations about Instacart; it does not establish that all employers’ PERM hiring practices are discriminatory.

What the federal agencies announced on October 20

The Justice Department and EEOC announced a $5 million settlement with Maplebear Inc., doing business as Instacart. The agencies said that, in recruiting for PERM positions, the company required some U.S. applicants to mail paper applications, while its standard application process accepted submissions electronically. The agreement resolves the agencies’ allegations concerning those practices.

The issue was the different process the agencies said some U.S. applicants faced—not a general finding that PERM recruitment itself is improper. The Instacart hiring discrimination settlement is specific to the company and the alleged conduct described by the agencies.

Who may be affected—and what the settlement provides

The settlement fund may compensate applicants and people who were deterred from applying and were affected by the alleged practices between December 2023 and February 2026. A claims administrator is expected to contact potential claimants and determine eligibility for back pay and compensatory damages.

If you believe you may have been affected, you can email Instacart@eeoc.gov so the agencies can share your information with the claims administrator. Contacting the agencies does not confirm that you qualify for compensation; the administrator will determine eligibility.

Keep copies of job advertisements, application instructions, correspondence, and any records showing how you applied or tried to apply. Those documents can help you explain what happened if an employer’s directions differ from its normal process.

Why Application Instructions Are Part of the Hiring Process

The Instacart settlement puts attention on more than the wording of a job ad: applicants need a fair opportunity to learn about a role and submit an application. The Justice Department and EEOC announced a $5 million settlement on October 20, 2026, resolving allegations that U.S. workers applying to PERM positions were directed to mail paper applications while Instacart’s usual process accepted applications electronically. The agencies’ announcement describes the allegations and settlement; it does not mean that every paper application requirement is unlawful.

A difference between a posting’s instructions and an employer’s regular process may be worth documenting and asking about, particularly if it could affect how an applicant finds or applies for the position. A PERM posting or a paper-only instruction, on its own, does not establish discrimination. The circumstances matter, so treat the Instacart hiring discrimination settlement as a reason to keep clear records—not as proof that another employer has violated the law.

What Applicants Should Do When Instructions Seem Inconsistent

Keep a copy of the full job posting, including its application instructions, and save any confirmation that your application was submitted. Retain relevant emails or other correspondence with recruiting, along with notes about when and how you applied. These records can help clarify what instructions you received and whether they differed from the employer’s usual application process.

If the required method is unclear or seems different from the employer’s normal process, ask the recruiting team to confirm the correct way to apply in writing before submitting, when possible. If you are concerned that you experienced discrimination, consider contacting an appropriate government agency or a qualified employment attorney. The Instacart settlement concerns particular allegations and does not automatically apply to other applicants or cases.

What Job Seekers Should Do Next

• Save the complete job ad and its application instructions.
• Keep your submission confirmation and relevant messages with recruiting.
• Ask for written clarification if the application method is unclear or unusual.
• Note when you saw the posting and how you attempted to apply.
• For concerns about possible discrimination, contact an appropriate government agency or a qualified employment attorney.

Sources

• Civil Rights Division and Equal Employment Opportunity Commission Secure $5,000,000 Joint Settlement with Instacart for Discriminating Against U.S. Workers (U.S. Equal Employment Opportunity Commission, 2026-10-20)
• Maplebear, Inc. d/b/a Instacart (Citizenship Status) (U.S. Department of Justice, Civil Rights Division, 2026-10-19)
• Instacart settles federal claims of discrimination against US-born job seekers (Associated Press, 2026-10-21)