Instacart EEOC Settlement: Were You a Turned-Away Applicant?
Instacart's $5M EEOC and DOJ settlement over PERM hiring sets aside up to $4M for US applicants. How to get on the list before an administrator is named.
A $5 million federal settlement with Instacart sets aside up to $4 million for U.S. applicants affected by its permanent labor certification (PERM) hiring practices between December 2023 and February 2026.
You may be able to share in the Instacart EEOC settlement if you applied to Instacart, or were deterred from applying, between December 2023 and February 2026 and were affected by its PERM hiring practices. A claims administrator will decide who is eligible, and that administrator has not been named yet. Until the administrator sets up its own contact address, the Equal Employment Opportunity Commission (EEOC) asks people who believe they were affected to email Instacart@eeoc.gov.
Maplebear Inc., which does business as Instacart, agreed to the $5,000,000 settlement with the Department of Justice (DOJ) Civil Rights Division and the EEOC. The two agencies announced the deal in a joint press release on October 20, 2026. That release does not say whether Instacart admitted wrongdoing.
Can You Share in the Instacart Settlement?
You can possibly share in the Instacart settlement if you were an Instacart applicant or deterred applicant affected by its PERM hiring practices between December 2023 and February 2026. The agencies say those people may be eligible for back pay and compensatory damages from a fund of up to $4,000,000. A claims administrator will make the final eligibility decision for each person.
The one step available today is to email Instacart@eeoc.gov. The agencies will share the information you send with the claims administrator once one is in place. The release says the administrator will contact potential aggrieved individuals, and it states that a contact email for potential victims has not been set up yet.
This is a government enforcement settlement. It is not a private class action, so there is no class certification. The agency release lists no claim form and no claim deadline. If you see a website or message offering an Instacart claim form, treat it with suspicion and compare it against the official EEOC announcement.
Who May Be Eligible
The release names two groups who may be eligible: Instacart applicants and deterred applicants affected by the practices from December 2023 to February 2026. Neither group is guaranteed a payment. The table below sorts common situations against that stated period.
| Situation | May Be Eligible? | Note |
|---|---|---|
| Applied for an Instacart PERM position between December 2023 and February 2026 | Possibly | Falls inside the stated period; the administrator decides |
| Was deterred from applying for an Instacart PERM position between December 2023 and February 2026 | Possibly | The release names deterred applicants; the administrator decides |
| Applied or was deterred before December 2023 | Not within the stated period | The release describes the period as starting December 2023; the administrator decides |
| Applied or was deterred after February 2026 | Not within the stated period | The release describes the period as ending February 2026; the administrator decides |
If your concern is a different kind of workplace treatment at Instacart or any other employer, this settlement may not cover it. Read our guide to filing your own EEOC complaint, because a charge you file yourself runs on its own timeline.
What the Agencies Say Instacart Did
The DOJ and the EEOC say Instacart discriminated against U.S. and American workers based on citizenship status and national origin in how it handled PERM hiring and recruitment. According to the agencies, those practices preferred workers holding temporary employment visas. The agencies brought the claims under the Immigration and Nationality Act and Title VII of the Civil Rights Act of 1964.
PERM stands for Permanent Labor Certification. The release says PERM "allows employers to sponsor temporary visa holders for permanent resident status" after the employer makes a good-faith effort to recruit U.S. workers. The release also notes that Instacart had required PERM applications to be physically mailed.
Officials from both agencies commented on the case. Assistant Attorney General Harmeet K. Dhillon of the DOJ Civil Rights Division said, "We will not stop fighting for U.S. workers until there is a fair playing field." EEOC Chair Andrea Lucas said, "Discrimination against workers based on their American national origin has no place in our economy."
These statements are the agencies' allegations and positions. For background on the federal rules that cover hiring bias, see our guide to workplace discrimination rights.
How Much the Settlement Pays
The Instacart EEOC settlement totals $5,000,000, split into a fund of up to $4,000,000 for claimants and $1,000,000 in civil penalties paid to the United States. The arithmetic is $4,000,000 plus $1,000,000, which equals $5,000,000. Only the fund portion can go to affected applicants.
| Item | What the Release Says |
|---|---|
| Total settlement | $5,000,000 |
| Fund for claimants | Up to $4,000,000 |
| Civil penalties | $1,000,000 paid to the United States |
| Types of relief | Back pay and compensatory damages, with eligibility set by the claims administrator |
| Amount per person | Not published |
| Payment date | Not published |
| Claim form or claim deadline | None stated |
No page can tell you whether you qualify, how much you would receive, or when payment would arrive. The claims administrator decides all three. For context on how other cases have paid out, read our overview of workplace discrimination settlement amounts.
Settlement money that replaces lost wages, such as back pay, is generally taxable. This page does not give tax advice, but our guide on whether settlements are taxable explains the general rules to raise with a tax professional.
What to Do Now
The step to take now is to send your contact information to Instacart@eeoc.gov so the agencies can pass it to the claims administrator. The rest of the process waits on that administrator.
- Check your dates. Confirm that you applied for, or were deterred from applying for, an Instacart PERM position between December 2023 and February 2026.
- Email Instacart@eeoc.gov. Include your name and contact details so the administrator can reach you.
- Watch for contact from the claims administrator. The release says the administrator will reach out to potential aggrieved individuals.
- Use the agency lines for questions. The EEOC general number is 1-800-669-4000 and its general email is info@eeoc.gov. The DOJ Immigrant and Employee Rights hotline for workers is 1-800-255-7688.
- Ignore unsolicited offers. Nobody legitimate charges a fee to share in a government settlement.
Scammers copy settlement headlines. Type the EEOC address yourself or open the EEOC press release directly, and send information only to an @eeoc.gov address. Do not tap a link in a text or email you did not expect.
If you want to pursue your own discrimination charge instead of, or in addition to, waiting on the fund, the EEOC process has its own time limits. Our guide to how an EEOC complaint works walks through those steps.
What Instacart Agreed to Change
Instacart agreed to change how it recruits for PERM positions, in addition to paying the fund and the civil penalties. The release lists these terms:
- Post PERM positions on its public career website.
- Accept electronic applications for those positions.
- Train personnel on their anti-discrimination obligations.
- Revise its employment policies.
- Be subject to monitoring and reporting requirements.
The release notes Instacart had required PERM applications to be physically mailed. Under the agreement, Instacart is to post PERM positions on its public career website.
How This Differs From a Class Action Settlement
The Instacart settlement came from a federal enforcement action by the DOJ and the EEOC, and it has no certified class, no published claim form, and no stated claim deadline. A claims administrator, once named, will decide eligibility for back pay and compensatory damages. Until then, the agencies ask people who believe they were affected to email Instacart@eeoc.gov.
Other settlements are listed on our class actions hub. To compare, read how class action settlements work and our guide on how to claim settlement money. If you were an Instacart applicant or deterred applicant between December 2023 and February 2026, email Instacart@eeoc.gov today to get your information to the Instacart settlement administrator.
Frequently Asked Questions
How much is the Instacart EEOC settlement?
The settlement totals $5,000,000. Up to $4,000,000 goes into a fund for claimants, and $1,000,000 is paid to the United States as civil penalties. No per-person amount has been published.
Who can get money from the Instacart settlement?
Instacart applicants and deterred applicants affected by its PERM hiring practices between December 2023 and February 2026 may be eligible. A claims administrator will decide eligibility for back pay and compensatory damages. That administrator has not been named yet.
How do I contact the EEOC about the Instacart settlement?
Email Instacart@eeoc.gov so the agencies can share your information with the claims administrator. The EEOC also lists its general number, 1-800-669-4000, and its general email, info@eeoc.gov. The DOJ Immigrant and Employee Rights hotline for workers is 1-800-255-7688.
Is there a claim form or deadline?
No claim form or claim deadline is stated in the agency release. The release says the claims administrator will contact potential aggrieved individuals. Be wary of any message that offers an Instacart claim form or asks for a fee.
What is PERM?
PERM stands for Permanent Labor Certification. The agencies describe it as a process that allows employers to sponsor temporary visa holders for permanent resident status after good-faith recruitment of U.S. workers.
What did Instacart agree to change?
Instacart agreed to post PERM positions on its public career website and accept electronic applications. It also agreed to train personnel on anti-discrimination obligations, revise its employment policies, and be subject to monitoring and reporting requirements.
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