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IT Worker's Lawsuit Accuses Tata of Discrimination

dcblogs writes An IT worker is accusing Tata Consultancy Services (TCS) of discriminating against American workers and favoring "South Asians" in hiring and promotion. It's backing up its complaint, in part, with numbers. The lawsuit, filed this week in federal court in San Francisco, claims that 95% of the 14,000 people Tata employs in the U.S. are South Asian or mostly Indian. It says this practice has created a "grossly disproportionate workforce." India-based Tata achieves its "discriminatory goals" in at least three ways, the lawsuit alleges. First, the company hires large numbers of H-1B workers. Over from 2011 to 2013, Tata sponsored nearly 21,000 new H-1B visas, all primarily Indian workers, according to the lawsuit's count. Second, when Tata hires locally, "such persons are still disproportionately South Asian," and, third, for the "relatively few non-South Asians workers that Tata hires," it disfavors them in placement, promotion and termination decisions.

294 comments

  1. Isn't Cheaper, the American Dream? by LifesABeach · · Score: 2, Insightful

    Corporations are people to, and they speak; how?

    1. Re:Isn't Cheaper, the American Dream? by Anonymous Coward · · Score: 0

      So how do you explain the local bias, given that equal work deserves equal pay?

    2. Re:Isn't Cheaper, the American Dream? by Anonymous Coward · · Score: 4, Funny

      Corporations are people to, and they speak; how?

      "How" is American Indian. South Asian Indian is "Namaste".

    3. Re:Isn't Cheaper, the American Dream? by abies · · Score: 5, Funny

      Depends on definition of 'equal work'. I'm not sure if American workers are as good in reverting mails and doing the needful.

    4. Re:Isn't Cheaper, the American Dream? by radarskiy · · Score: 1

      corporation : person :: money : speech

    5. Re:Isn't Cheaper, the American Dream? by davester666 · · Score: 5, Funny

      Remember, for all those H1B's, they diligently posted ads advertising each job locally and couldn't find any qualified applicants. Otherwise, it would be illegal.

      --
      Sleep your way to a whiter smile...date a dentist!
    6. Re:Isn't Cheaper, the American Dream? by Anonymous Coward · · Score: 5, Funny

      Needed:

      IT professional, speaks excellent Hindi, Tamil a bonus. Should have full understanding of Tata's "international" management culture. Minimum 5 years experience in southern Asia. Should have at least two days experience with Oracle and excellent customer expectation realignment skills..

      The sad thing is that once upon a time (around e.g. 2000) Indian IT bods almost all really were good. Those guys all went into management. Now the clowns from Tata and WiPro will turn anything they touch to shit.

    7. Re:Isn't Cheaper, the American Dream? by Anonymous Coward · · Score: 2, Insightful

      Remember, for all those H1B's, they diligently posted ads advertising each job locally and couldn't find any qualified applicants. Otherwise, it would be illegal.

      You're thinking of the labor certification as part of the green card process, which is unrelated. H-1B visas are temporary visas for workers in specialized occupations. You need to show that the job requires specialized knowledge, that the worker is qualified for the job by virtue of training or experience applying the specialized knowledge, and that you will be paying at least the prevailing wage (as determined by the Department of Labor) for that type of position. You don't need to either assert nor demonstrate that you can't find qualified citizen or resident workers.

    8. Re:Isn't Cheaper, the American Dream? by slashmydots · · Score: 1

      Perhaps they should throw the corporation in jail then.
      By the way, a company named "tata" is sued for discrimination and it's not sexual? I guess nobody there had very nice ta ta's. Seriously, Tata?!?!? WHO PICKED THAT?!

    9. Re:Isn't Cheaper, the American Dream? by The+Grim+Reefer · · Score: 2

      Seriously, Tata?!?!? WHO PICKED THAT?!

      Seriously, who picked Ta Ta's as a slang term for boobs? Tata industries was founded by Jamshedji Tata in 1868.

    10. Re:Isn't Cheaper, the American Dream? by davester666 · · Score: 5, Informative

      From the wiki article:

      American Recovery and Reinvestment Act of 2009
              The employer must, prior to filing the H-1B petition, take good-faith steps to recruit U.S. workers for the position for which the H-1B worker is sought, offering a wage at least as high as what the law requires for the H-1B worker. The employer must also attest that, in connection with this recruitment, it has offered the job to any U.S. worker who applies who is equally or better qualified for the position.
              The employer must not have laid off, and will not lay off, any U.S. worker in a job essentially equivalent to the H-1B position in the area of intended employment of the H-1B worker within the period beginning 90 days prior to the filing of the H-1B petition and ending 90 days after its filing.[34]

      --
      Sleep your way to a whiter smile...date a dentist!
    11. Re:Isn't Cheaper, the American Dream? by afidel · · Score: 2

      Considering it comes from High German/Old English I think it's been used as slang for a lot longer than that!

      --
      There are 4 boxes to use in the defense of liberty: soap, ballot, jury, ammo. Use in that order. Starting now.
    12. Re:Isn't Cheaper, the American Dream? by slackerfilm · · Score: 1

      Posting ads internally advertising the job was the norm. The billboards in the break rooms were always full of job ads.

      --

      throw the baby out. The bathwater is cold

    13. Re:Isn't Cheaper, the American Dream? by barbariccow · · Score: 1

      teton

    14. Re:Isn't Cheaper, the American Dream? by werfele · · Score: 5, Informative

      The previous sentence in the Wikipedia article says that those restrictions (that is, the requirement to attest to recruiting U.S. workers, and to have not laid off U.S. worker in equivalent positions) apply only to "certain banks and other financial institutions." It's not the general rule.

    15. Re:Isn't Cheaper, the American Dream? by davester666 · · Score: 1

      ugh. 0 for 2 [me].

      --
      Sleep your way to a whiter smile...date a dentist!
    16. Re:Isn't Cheaper, the American Dream? by Mal-2 · · Score: 1

      You'll never be the Purple Squirrel,
      You'll never even see on.
      'Cause I can tell you anyhow,
      They'd rather H1B one.

      --
      How is the Riemann zeta function like Trump rallies? Both have an endless number of trivial zeros.
    17. Re:Isn't Cheaper, the American Dream? by Anonymous Coward · · Score: 0

      Yeah, when I read the "programming" is a specialized skill and then singled that out as oppsed to research scientist I knew the gov and industry had it in for the decently paid IT worker. Thanks Gov!

    18. Re:Isn't Cheaper, the American Dream? by nobuddy · · Score: 1, Insightful

      The unusual word choice and poor grammatical layout identifies you as a non-native English speaker. Particular clues such as "revert" instead of "reply" is a very Hindi error.
      So, an H1b worker defending H1b visa abuse is disregarded as overly biased if not outright shill doing what they are paid to do.

    19. Re:Isn't Cheaper, the American Dream? by nobuddy · · Score: 2

      You jest, but I have seen many ads that were either impossible to fulfill- like 5 years experience in a language released last week-
      Or listed with such low pay as to be insulting- 15 years experience in every known programming languages as well as machine language for every processor ever: $7.35/hr no benefits

      I suspect these are listed by companies seeking to import some H1b workers in a very tech-employee heavy market. You can't tell me a company based in the Valley could not find qualified techs.

    20. Re:Isn't Cheaper, the American Dream? by nobuddy · · Score: 5, Informative

      No teeth if they refuse to enforce it. California Edison had 400 of their current US Citizen employees train the H1b workers that were replacing them. DoL refuses to take any action on it.

      http://www.computerworld.com/a...

    21. Re:Isn't Cheaper, the American Dream? by nobuddy · · Score: 1

      A man who's last name was tata picked that.

      I took a chance on a great opportunity. I walked up on a very busty Army specialist waiting for her friends to get back to the truck. She was standing between two brand new tata pickups. So I said "hey, Nice Tatas!"
      It could have gone either way- she found it hilarious.

    22. Re:Isn't Cheaper, the American Dream? by DigiShaman · · Score: 1

      ...apply only to "certain banks and other financial institutions."

      Translation: Only the banks and financial institutions that greased the palms of congress!!!

      --
      Life is not for the lazy.
    23. Re:Isn't Cheaper, the American Dream? by Anonymous Coward · · Score: 5, Insightful

      It is not that simple.

      As an Indian American, I've looked at such companies (Infosys, TCS, Cognizant etc). What they want are cheap IT consultants, and if you don't fit the profile, they won't hire you.

      As a senior management consultant at a top firm (think Mitt Romney) and a US citizen, they pretty much ignore my profile, even for pretty neat gigs where my profile matches their needs. Why? Because my asking salary and profile aren't that of a "typical" cheap IT consultant from India.

      I was once told that I was "too young", never mind my qualifications and experience for a senior position (I'm 35).

      The truth is, they don't just want south Asians, they want south Asians who fit a certain profile. I have many friends and colleagues who are also Indians with exemplary qualifications (PhDs, MBAs, JDs, and MDs from top schools) who are pretty much ignored by these firms. I am an American and Ivy-league educated with graduate degrees, and I am certainly not their type.

      Why? Because if you are really well qualified, then you will demand more salary. If you more cosmopolitan, then even if you happen to be ethnically south Asian, you are less likely to be "culturally" brainwashed or pliable to shady or questionable business practices.

      That goes against their fundamental business model, and they will not want you.

      ~m

    24. Re:Isn't Cheaper, the American Dream? by Anonymous Coward · · Score: 0

      They've been turning things to shit long before then. Hiring them will often result in the project being more expensive since you'll need your own IT staff to fix all their crappy code. A friend was recruited by a head hunting firm for them and he turned them down because he didn't want to be associated with them at all. They must have wanted a token non "south Asian".

    25. Re:Isn't Cheaper, the American Dream? by Mr.+Freeman · · Score: 3, Interesting

      There are a fuckload of comments here that are making similar errors. It's a grammatical wasteland (more so than usual).

      I wouldn't be surprised if the company mentioned by OP got a bunch of their workers, particularly the ones located outside of the US, to jump on here and try and help defend them.

      --
      -1 disagree is not a modifier for a reason. -1 troll, flaimbait, redundant, overrated are NOT acceptable substitutes.
    26. Re:Isn't Cheaper, the American Dream? by Mr.+Freeman · · Score: 3, Insightful

      Actually, no. A common tactic is to take out a classified ad in a low-circulation newspaper. The ad is, of course, poorly written and looks like a scam. (Generally accepted practice is to run it in two news papers one day per week for two weeks) This is to reduce the chances of an American applying to the position. After all, what professional actually reads the classified ads? None that I can think of. And writing the ad poorly and like a scam is designed to dissuade any professional from calling about the job even if they happened to somehow stumble across it.

      Nevertheless, sometimes an American will respond to the ad, which is where the "qualifications" section comes in. The company will publish a laundry list of qualifications that no one has. sometimes they'll demand more years of experience with a particular piece of software than the piece of software has been in existence for. (e.g. 10 years experience with Windows 8). More frequently, they'll just chain together arbitrary pieces of software that are totally unrelated. This allows them to trash the applications of any Americans. The foreign workers, however, know to put this huge list on their resumes, even if they don't actually have the experience. Importantly, there is no requirement for the company to verify the experience of any applicant. However, if an American attempts this same tactic, they'll exercise their *option* to call employers and check references to prove that the American is lying.

      --
      -1 disagree is not a modifier for a reason. -1 troll, flaimbait, redundant, overrated are NOT acceptable substitutes.
    27. Re:Isn't Cheaper, the American Dream? by Mr.+Freeman · · Score: 5, Informative

      There's also a loophole. You just transfer the skilled American to a "non-technical" position a day before you let them go. Yeah, maybe you can battle it in court, but good fucking luck hiring an attorney to battle a huge corporation when you have no job.

      --
      -1 disagree is not a modifier for a reason. -1 troll, flaimbait, redundant, overrated are NOT acceptable substitutes.
    28. Re:Isn't Cheaper, the American Dream? by Anonymous Coward · · Score: 0

      ...and water is wet, sky is blue.

      This has been known for years that TaTa held these practices.

      Hopefully, this will help true-American workers.

    29. Re:Isn't Cheaper, the American Dream? by Anonymous Coward · · Score: 1

      I think that was the point, you trolled clod.

    30. Re:Isn't Cheaper, the American Dream? by Anonymous Coward · · Score: 0

      "Whoosh"!

    31. Re:Isn't Cheaper, the American Dream? by Anonymous Coward · · Score: 4, Insightful

      Time to start jailing these H1B abusers - all the way up the chain to Zuckerberg, Wric Schmidt, Bill Gates and anyone else who keeps perpetuating lies about "shortages of American STEM workers". Their agenda is anti-American, ageist, and racist. Of course, the couch their pleas in more sanguine phrases like "this is an opportunity expand opportunity for America", blah, blah, blah. We all know what's going on - a race to the bottom of the wage barrel. Every one of the individuals named above should do jail time for the fraud they have encouraged; this group is especially comfortable with keep skilled older American (over 40) Americans unemployed.

    32. Re:Isn't Cheaper, the American Dream? by Anonymous Coward · · Score: 0

      Yep. Exactly this.

      Worked for a company who hired an H1B for a sysadmin position in the Bay Area.

      Listed requirements for the job? A Master's Degree and -effectively- must have written a major DB engine from scratch. The pay? Very, very low six figures with -effectively- no PTO. Advertised where? In two local papers for two weeks.

      Surprise, surprise, no American signed up for the job, and we ended up with an H1B who worked 80+ hours per week and literally *never* took a day off. (Never you mind that he caused far more fires than he ever put out, and took great pains to sure that his job was forever secure, if you catch my drift.)

    33. Re:Isn't Cheaper, the American Dream? by rtb61 · · Score: 1

      I thought they simply just renegotiated your contract. One way negotiation, either accept the wage we will be offering the cheapest H1B worker we can find or quit and staff is replaced over time as they leave.

      As for TATA and preference for south Asian workers, very likely those Indians at TATA feel the sting of American rascim every where they go and are simply trying to avoid it as much as possible at work. 'American Exceptionlism' causes all sorts of problems and American Politicians feed right into it because that smarmy ego stroking, do it hard enough and often enough, makes Americans cum votes (really all rather pathetic), shit, don't do it often enough and they call you a traitor to your face, al la Fox not-News.

      --
      Chaos - everything, everywhere, everywhen
    34. Re:Isn't Cheaper, the American Dream? by rtb61 · · Score: 1

      PS forgot to mention, if you seriously do want a job at TATA learn about this https://en.wikipedia.org/wiki/.... Now once you understand, cricket , you will be able to communicate more effectively with the management at TATA. Things like, you don't go to the cricket to cheer your team, you go to the cricket to share companionship with friends and, enjoy a picnic at a sporting venue, where 'both teams' will demonstrate, skill, strategy, concentration and good sportsmanship (this is why Americans do not understand cricket and why they will prefer people that do, it's a state of mind).

      --
      Chaos - everything, everywhere, everywhen
    35. Re:Isn't Cheaper, the American Dream? by Anonymous Coward · · Score: 0

      IT needs a guild to put an end to this shit. Pull the same stunt lawyers and doctors did.

    36. Re:Isn't Cheaper, the American Dream? by WindBourne · · Score: 1

      LOL. Obviously, you are being sarcastic, and these companies deserve it.
      I had been offered jobs from multiple Indian contracting houses. In each case, they offered me less than 1/2 (and once, less than 1/3) of what the job paid. And the Indians that got the jobs, with less experience, education, etc, were literally paid more than double what I was offered.

      Tata and others are full of shit.

      --
      I prefer the "u" in honour as it seems to be missing these days.
    37. Re:Isn't Cheaper, the American Dream? by Anonymous Coward · · Score: 0

      "How" is Casino Indian. "Namaste" is Gas Station Indian.

    38. Re:Isn't Cheaper, the American Dream? by The+Grim+Reefer · · Score: 1

      Except it's Old English for good bye. The usage of it as slang for breasts is believed to be American (as far as I've seen) and as far as I know, dates back to 1997.

    39. Re:Isn't Cheaper, the American Dream? by Anonymous Coward · · Score: 0

      Part of the problems are that the bottom line is all those large corporations care about. That is how they became a large corporation. A small percentage of their profit goes into a legal fund to fight any legal action taken to them. Sad story many judges also look at their bottom line, and rule for the one who will in some way assist in making such judges personal income. I offer the example that did happem to me, the judge asured me that my case could not lose. The very next day the corporation decided to make a new very expensive head quarters building, and can you guess who's son got a large contract to build this monstrocity? Of course he was the judges own son. I lost the case, Money rules, and the more you have, the stronger hand you rule with. Let any one of those S. E. Asians do something the corporation head dis approves, and watch how short his/her tenure lasts.

    40. Re:Isn't Cheaper, the American Dream? by Anonymous Coward · · Score: 0

      Hmm. I'm white, not American but in the US of my own accord, and based on my having lived & worked in Mumbai (where Tata Sons is based) for 5 years and other parts of Asia for 3 years, ability to speak reasonable Hindi, Marathi and limited amounts of Gujrati, Telugu and Tamil, limited experience with Oracle and ability to give out scripted replies to customers (because, let's face it, they tend to ask the same questions day in and day out)... it seems I'm an incredibly rare anomaly who would be perfect for a job at $firm.

      Pity I won't work for slave wages.

      *Posting as AC because my /. username makes me too readily identifiable.

    41. Re:Isn't Cheaper, the American Dream? by Anonymous Coward · · Score: 0

      Whooosh!

  2. First Experience With Tata by Kagato · · Score: 5, Interesting

    My first experience with them was back in 1999. They came into our office saying they could provide programmers at 60% of the cost of the existing contractors. Even less if we were willing to hire a woman.

    1. Re:First Experience With Tata by papamicd · · Score: 5, Funny

      So, how did she do?

    2. Re:First Experience With Tata by __aaclcg7560 · · Score: 1, Troll

      My first experience with Indians was at Intuit in 2005, where 20 Indians were crowded into a conference room with tables shoved against the walls. A big fat Indian sat at a table in the center room, shouting over everyone to be heard on the speakerphone during a conference call. He was their boss. It was crazy. One of the woman had a 26-character last name with the word "porn" at the end. The help desk techs called her Ms. Porn behind her back.

    3. Re:First Experience With Tata by Anonymous Coward · · Score: 5, Interesting

      I can't speak to Tata, but I have worked with teams who were receiving outsourced projects (they were in India), with Indian developers working for customers in Boston, and with Indian developers and QA from an Indian firm in Ottawa, plus sundry individuals on other projects over the last 15-20 years.

      I have found them a fairly mixed bag. Some had English challenges which made communication difficult. That was amplified by their tendency to claim they understood everything even when they did not. There was also a cultural (corporate or national I'm not sure) where, when asked when something could be ready, they'd identify a date that they couldn't meet (and that those of us posing the question were pretty sure they couldn't meet). We ended up having to allocate twice the time they allowed or more. From a QC perspective, we often had bugs entered with "X doesn't work" without detail of how this notion was arrived at, without the QC having read the spec to see (in many cases) that this was "as designed", or without having repeated the test in different respects to be sure the feature was truly broken, etc.

      In my general experience, there were some top notch people there as well. Those ones were smart but were humble enough to not worry about asking a question if they had one (and I never bit off heads when questions were asked). Some of the smartest, without a doubt, and the most willing to learn and not try to just claim a knowledge they hadn't bothered to study deeply, were the female employees.

      On one project, the smartest person on the team was the female QC in India. She was constantly talked over by the males on the team who knew less than she did. I think there's a culture of chauvanism in operation in parts of India, even in tech. We found we often were further ahead to skip talking to her in group teleconferences with her and the males on the team and just talk to her separately - she didn't report bugs that weren't, did identify the surrounding circumstances and edge cases that were related, documented things well, and if she wasn't sure if it was a bug, she asked for some insight into how the system worked and then used that knowledge subsequently. I wish she'd been local because I'd have recommended hiring her for the long term.

      I have run across some managers who were with our Indian partners and I found them to be too willing to say yes to things they could not deliver and then full of excuses when they could not. They didn't seem to understand we had some idea of what was actually doable and how long it should take and promising incredibly unlikely speed meant we didn't believe them (and it turned out to be right as they often did a half-assed job of testing in those cases).

      I like working with Indians generally. They've all been nice folk, even the ones that I thought were too busy trying to look smart and in the know to actually ask the questions they needed to know to learn what they needed to learn. The only things I didn't like were the sly/oily managers trying to sell us BS and call it broccoli and the chauvanistic behaviour shown towards female Indian IT workers.

    4. Re:First Experience With Tata by garyisabusyguy · · Score: 2

      My first experience working with people from India was in 1996.
      Absolutely some of the most intelligent people that I had ever worked with
      A decade later another Indian fellow that I worked with explained the selection process that lead to the slightest fraction of the top percentage of their people making it to the US in that time period
      I would expect that the standards have been loosened somewhat since then

      --
      Wherever You Go, There You Are
    5. Re:First Experience With Tata by Anonymous Coward · · Score: 0

      In my general experience, there were some top notch people there as well. Those ones were smart but were humble enough to not worry about asking a question if they had one (and I never bit off heads when questions were asked).

      While you don't bit off heads for a question, I have seen plenty of it, speaking from the perspective of an Asian (but not Indian). The problem is, we can't tell if/when someone would bit off our heads for our question.

      Have you watched Iron Man 2? The part where Hammer suddenly changed from being polite and friendly to raging and screaming at Vanko for not giving him what he wanted? THAT's what the Indians are afraid of from Western bosses/clients. These things DO happen, I have seen it happen, and that's why they will never ask you questions.

    6. Re:First Experience With Tata by Anonymous Coward · · Score: 0

      I actually knew a Canadian that somehow was hired by them.

      After his contract was over, they didn't have a plan in place to ship him back to Canada. Literally, their stance was that they could ship him to India, but there was no procedure to transport him anywhere else.

      He eventually got what he wanted, but his story only makes this article seem even more plausible.

    7. Re:First Experience With Tata by Kagato · · Score: 1

      Ironically they said the VP they said that to was a women. She hired two female programers. I rolled off that contract soon after and my understanding is pretty much all the IT resources in the building were replaced by "prevailing wage" H1-B workers.

  3. this industry is so wrecked... by Anonymous Coward · · Score: 4, Insightful

    Not that Tata isn't crooked but I wouldn't be surprised if the number of western programmers applying was lower too. Seriously, if you've worked with Indians before, why would you even consider a workplace that was stuffed with them?

    1. Re:this industry is so wrecked... by Anonymous Coward · · Score: 0

      and you have to remember that the best of the Indians have left India.
      I'd also be wary of the contracts that the H1-B workers are on. Some of them are little more than indentured slaves. They have to pay their employer to get the job. They only get that money back if they complete the contract.

      Avoid these companies at all costs.

    2. Re:this industry is so wrecked... by Cederic · · Score: 1

      Yeah, I'd hesitate to join Tata based on my experience of their management practices and the quality of their staff.

      That's got fuck all to do directly with the race of their employees though, so doesn't explain why local hirees have such an unrepresentative demographic.

    3. Re:this industry is so wrecked... by HornWumpus · · Score: 1

      They're no worse than EDS.

      What continues to amaze me is that occasionally a competent person will apply. Granting they won't hire them.

      --
      John McAfee 'It was like that time I hired that Bangkok prostitute; to do my taxes, while I fucked my accountant'
    4. Re:this industry is so wrecked... by Anonymous Coward · · Score: 0

      A more important point is this: why are the H1Bs only Indians? There are plenty of cheap European, Chinese and African programmers but Tata was only hiring Indian H1Bs.

    5. Re:this industry is so wrecked... by Anonymous Coward · · Score: 0

      Yeah, I'd hesitate to join Tata based on my experience of their management practices and the quality of their staff.

      That's got fuck all to do directly with the race of their employees though, so doesn't explain why local hirees have such an unrepresentative demographic.

      Saying "Indian" isn't necessarily just about race, despite the common trend to jump all over someone's shit about it these days.
      I used to work with a lady from India. She spoke flawless English, and spoke 5 dialects fluently and was familiar with several more. One day we were on a conference call with a vendor which used a lot of Indian support staff (not low level people, high-salary skilled engineers) and they kept arguing more and more loudly and none of us could understand them. Finally I asked my co-worker what they were arguing about. She replied "Well, two of them can't understand the other three because they don't speak the same dialect, and they're trying to figure out which dialect they all understand. And then this other guy, hell I can't understand a damn thing he's saying, and neither can anyone else, and he's the only one who actually knows how to fix the problem."

      In short, "Indian" is not a race, it's a Nationality. There are many different races and cultures who are all lumped together as "Indian", and many of the more annoying and irritating bits (to us Westerners) come from specific groups, not people from India in general.

      It's actually not all that different than American Indian Tribes... there's a lot of cultural differences and if you aren't familiar with them you probably have no clue. A good example is the Crow and the Sioux... those two tribes have hated each other since before Paleface ever showed up on the continent, and the whole Custer incident at the Little Big Horn didn't help things any.

  4. get rid of the H-1B job lock and set a higher minw by Anonymous Coward · · Score: 5, Insightful

    get rid of the H-1B job lock and set a high min wage for them maybe with X2 OT (or ever higher min wage) at 60-80+ hours a week. Then the issue will go away.

  5. Shocking... by Anonymous Coward · · Score: 0

    A consultant company based on India hiring mainly Indian workers? Wow. That's shocking. Why hire a white person when an Indian will take way less in salary / benefits.

    1. Re:Shocking... by __aaclcg7560 · · Score: 1

      Diversity, maybe?

    2. Re:Shocking... by Anonymous Coward · · Score: 1

      the lawsuit is based in US for their US based business.

    3. Re:Shocking... by Darinbob · · Score: 2

      People like to hire others like them, it's sort of a natural occurence. However it's illegal in many places.

      I remember one multinational company where we had offices in California, and one Indian woman applied for an internal job and was rejected because she did not speak Vietnamese and thus wouldn't fit in with the small QA group. I told her to take the case straight to HR because that was blatantly against all company policies, and our official language for communications had always been English and all of the rest of the buildings all spoke English. But she did not want to cause a scene and just accepted it. I know that if management had heard of this case that they would have been shown the door before the day was out. The ultimate reason for this was certainly that the group was all Vietnamese, they were very comfortable never talking to anyone outside of the insular clique, and did not want anyone coming in that make them uncomfortable. But it ignored the fact that any one of them could be transfered at any time or that they were deliberately ignoring company rules and the law.

      Things like this just open the door for more discrimination, as in we won't hire old people because they just don't understand modern memes, black people will stand out too much in the company photos, women are going to be taking off time to get married or have babies, etc. So you sort of need to have laws to enforce non discrimination or it takes over due to human nature and the built in us-versus-them instinct.

    4. Re:Shocking... by TiggertheMad · · Score: 1

      ....black people will stand out too much in the company photos...

      Wait a second, I always heard that the reason you don't hire black people is because they insist on wearing spats on 'casual Friday'.

      I feel so foolish now.

      --

      HA! I just wasted some of your bandwidth with a frivolous sig!
    5. Re:Shocking... by Darinbob · · Score: 1

      Every day is a spats day.

  6. Protected class? by Anonymous Coward · · Score: 0

    discriminating against American workers

    I thought you could only file for discrimination if you were a member of a protected class.

    1. Re:Protected class? by Fwipp · · Score: 1

      I'm assuming that the suit really means "against white people" (race is a protected class), and we just got a bad summary, as usual.

    2. Re:Protected class? by Anonymous Coward · · Score: 0

      National origin is a protected class. You'd know that if you had actually read the link you posted. Moron.

    3. Re:Protected class? by Anonymous Coward · · Score: 0

      So you're a racist.

    4. Re:Protected class? by Anonymous Coward · · Score: 0

      Race and ethnicity would be the protected classes you'd use to argue this sort of complaint. Tata is (allegedly) showing an illegal preference towards West/South Asians, more specifically Indians, in its hiring practices. It doesn't really matter whether or not they're based in India, any operations within the US must comply with US laws and regulations, such as those prohibiting different types of discrimination.

    5. Re:Protected class? by Gavagai80 · · Score: 1

      Why would you assume it's a lawsuit to try to help a particular race, like white people? Presumably it's about the 80%+ of the world, comprising many races and ethnicities, who aren't South Asian.

      --
      This space intentionally left blank
    6. Re:Protected class? by Anonymous Coward · · Score: 1

      Your link said people cannot be discriminated based on race, nationality, or citizenship. How does hiring almost entirely from Indian H-1B applicants not tick all 3 boxes?

    7. Re: Protected class? by tysonedwards · · Score: 1

      Because they've decided amidst countless interviews, market studies and business process reviews that there are no eligible candidates located in the United States who are applying for the positions. \sarcasm

      --
      Thirty four characters live here.
    8. Re: Protected class? by zlives · · Score: 1

      realistically its profit driven and they are only exploiting the laws that the congress has passed. this is exactly why citizen united is win/win.

    9. Re: Protected class? by thaylin · · Score: 2

      win/win? win/win means it is a win for both sides, not a win for one side 2x.

      --
      When you cant win, ad hominem.
    10. Re:Protected class? by morphotomy · · Score: 1

      America counts as a nation of origin. We're all members of a protected class in one way or another, its just that you don't notice until its discriminated against.

    11. Re:Protected class? by ShanghaiBill · · Score: 2

      I'm assuming that the suit really means "against white people" (race is a protected class), and we just got a bad summary, as usual.

      "National origin" is also a protected class. You can't legally discriminate against someone just because they are, or are not, an immigrant, or are, or are not, an immigrant from a particular country. There is an exception when the government mandates US citizens for national security reasons, like TSA inspectors.

    12. Re:Protected class? by Anonymous Coward · · Score: 0

      Why would you assume it's a lawsuit to try to help a particular race, like white people? Presumably it's about the 99.99%+ of the world, comprising many races and ethnicities, who aren't from a high caste.

      There FTFY. If you are ever at a meeting with one of the big Indian outsourcing companies and wondering why some total fool is overriding the agreement you made with his sensible colleague to everyone's disadvantage then the answer will often be found if you study the various Indian names and their link to specific castes.

    13. Re:Protected class? by OhPlz · · Score: 2

      The courts haven't always upheld that type of thinking. I forget the details, but there was a case in the mid-west US where caucasians had become the minority in an area and tried to make use of a "school choice" law to choose their children's school that was intended to send kids in poverty stricken areas to the "better" schools in more affluent areas. The court basically told them they couldn't claim to be minorities even though they were the actual minority in their district.

    14. Re:Protected class? by Anonymous Coward · · Score: 0

      I'm assuming that the suit really means "against white people" (race is a protected class), and we just got a bad summary, as usual.

      No, the suit really means "against American people". National origin and citizenship, however, are also protected classes.

    15. Re:Protected class? by Anonymous Coward · · Score: 0

      "Minority" has two meanings - the statistical meaning and the anthropological meaning. People often confuse the two.

    16. Re:Protected class? by OhPlz · · Score: 1

      We're all equal under law, therefore there's only the statistical meaning.

    17. Re:Protected class? by Anonymous Coward · · Score: 0

      Maybe they needed better lawyers? I know a few white males that managed to go through a predominately female "women's college" as minorities.

      I might have signed up for it too (it was a great campus life) if the college had a decent program in something more than nursing.

    18. Re: Protected class? by zlives · · Score: 1

      politicians and corps :) win/win

  7. and people say unions are bad this is what happens by Anonymous Coward · · Score: 0

    and people say unions are bad this is what happens when we don't have unions to stand up for workers rights!

    What about the Workers paid $1.21 an hour to install computers?
    http://www.mercurynews.com/business/ci_26778017/tech-company-paid-employees-from-india-little-1

  8. Getting undercut by those... by Ravaldy · · Score: 2, Insightful

    We are getting undercut by those wanting to live the same life as us. What these people don't understand is that they are lowering said life style. As an entry to mid level technology person I would be concerned because you are being undercut by people possibly as competent as you minus communication skills. Experienced technology people usually have an edge due to their emersion into the North American corporate culture as well as their generally better communication skills. Keep in mind that I'm generalizing but doing so based on personal experience.

    1. Re:Getting undercut by those... by Anonymous Coward · · Score: 2

      We are getting undercut by those wanting to live the same life as us. What these people don't understand is that they are lowering said life style. As an entry to mid level technology person I would be concerned because you are being undercut by people possibly as competent as you minus communication skills. Experienced technology people usually have an edge due to their

      immersion

      into the North American corporate culture as well as their generally better communication skills. Keep in mind that I'm generalizing but doing so based on personal experience.

      sigh...

    2. Re: Getting undercut by those... by Anonymous Coward · · Score: 3, Funny

      As competent as you, maybe, but I'd have to survive a dozen strokes to get within striking distance of the best Indian I ever worked with...

    3. Re: Getting undercut by those... by Anonymous Coward · · Score: 0

      I don't know, I've worked with plenty of Indians who were better than me. That being said, though I've spent much time working with TCS and Wipro, none of those Indians worked for either of those companies. TCS and Wipro hire only the most incompetent IT workers they can find is sort of the conclusion I came to. Seriously, I got into an hour long argument with one about how code I wrote worked. Then after an hour he went quiet for a minute, went "oh, I see" and shut up.

    4. Re: Getting undercut by those... by Anonymous Coward · · Score: 0

      you realize a stroke won't help INCREASE your IQ.

    5. Re: Getting undercut by those... by Anonymous Coward · · Score: 0

      As competent as you, maybe, but I'd have to survive a dozen lashes to get within striking distance of the best Indian I ever worked with...

      FTFY

    6. Re:Getting undercut by those... by djdanlib · · Score: 3, Insightful

      We are getting undercut by those wanting to live the same life as us. What these people don't understand is that they are lowering said life style.

      Who's going to stand up and say so, when everyone is so focused on climbing higher in the world themselves to escape the "not as good as it used to be" level they're at now?

      A person who wants a lifestyle of "more", for example everyone ever to exist, doesn't really know what that lifestyle of "more" is actually like, so they have no frame of reference to know if they are damaging it. They just know that it's "more" and therefore must be better than what they have now.

      In their eyes it doesn't matter how much of that cliff crumbles on the way up, because they are still higher up in the world when they get to its summit. Who cares if it's a foot shorter and everyone standing on it is now a foot lower and angry with you, as long as you can see over the heads of your former peers, right? But wait, there's always another plateau just a little higher up.

      That pesky greed thing is innate to human beings. Left to its own devices, it overrides any regard for the wellbeing of others.

    7. Re:Getting undercut by those... by Anonymous Coward · · Score: 0

      They DO understand, but their generally irrational culture and pure greed assumes that there's always another sucker.

    8. Re:Getting undercut by those... by morphotomy · · Score: 1

      Thats the thing though, there is no cliff, just a pile of people all trying to climb to the top.

    9. Re: Getting undercut by those... by Anonymous Coward · · Score: 0

      As competent as you, maybe, but I'd have to survive a dozen lashes to get within striking distance of the best Indian I ever worked with...

      FTFY

      No, you only missed the punchline in the original joke.

    10. Re: Getting undercut by those... by Anonymous Coward · · Score: 0

      woosh...

    11. Re:Getting undercut by those... by StikyPad · · Score: 1

      "What these people don't understand is that they are lowering said life style."

      What do you expect them to think? "Oh, sorry, I don't want to affect your much higher standard of living. I'll just stick to my subsistence living with my postgrad education then."

      Would you care that you were "lowering said lifestyle," if half the standard of living where you're going is multiple times better than the standard of living where you are now? Probably not. I certainly wouldn't.

      The blame doesn't fall on people wanting to work for a better life. I don't blame them at all, and most of them are good people, just like anyone else. I do blame a system that is stacked toward hiring foreign nationals before citizens. That's a policy problem and a regulation problem, and to a lesser extent, a problem with the businesses that take advantage of these policies -- although they're making good business decisions.

      Most of the blame, though, lies squarely on the shoulders of elected officials, and the people who elected them or failed to participate. We can't just not pay attention and then expect things to work themselves out. Nobody is going to give more of a shit about your interests than you do, so make your voice heard, and tell others to do the same.

      The tyranny of a prince in an oligarchy is not so dangerous to the public welfare as the apathy of a citizen in a democracy. -- Montesquieu

    12. Re: Getting undercut by those... by Anonymous Coward · · Score: 0

      Seriously, I got into an hour long argument with one about how code I wrote worked. Then after an hour he went quiet for a minute, went "oh, I see" and shut up.

      I got one of those too... A Wipro guy capable of learning. Almost managed to teach him something too. Then the bastard left to a different company.

      seriously though, these companies have a terrible reputation in India. Everybody there would rather work for a completely foreign company or for an Indian company doing development for local products. The consulting companies end up with Students looking for work experience and the dregs from the bottom of the barrel.

    13. Re: Getting undercut by those... by afidel · · Score: 2

      One of my coworkers is from India, he's a graduate of the Indian Institute of Technology and he's one of the smartest people I've ever met (I was accepted to MIT and went to RIT so that's not a light compliment). Just because your employer chooses to hire the bottom of the barrel from India doesn't mean there aren't a LOT of smart people from there (or even smart people from there working in IT). It would be hard to have 1.3B people and a history of eduction and NOT have lots of smart people =)

      --
      There are 4 boxes to use in the defense of liberty: soap, ballot, jury, ammo. Use in that order. Starting now.
    14. Re:Getting undercut by those... by Anonymous Coward · · Score: 0

      What these people don't understand is that they are lowering said life style.

      I would laugh in your face if you gave that as a justification for me not to take on a job.

    15. Re: Getting undercut by those... by Anonymous Coward · · Score: 0

      Same experience - some were very sharp.

      Same in the other respect - once argued with me about some protocol I had written and how it should work. After I made him go and read the design document and explained exactly what the requirements were that necessitated that the protocol was written as it was, he kind of got quite and went away. He had claimed he had read the design specification beforehand (but either had not, had skimmed it, or just didn't understand it until I walked him through it slowly).

      There are some very smart people in Indian IT and I like working with them. There are some very smart Indians (or those of Indian descent) in North American IT and I like working with them. If there was less focus on volume of work from Indian IT companies and more on quality, they wouldn't have the reputation they do today. Of course, North Americans firms wouldn't see the same huge costs savings that drives them to the dubious choice of outsourcing key software development to those teams. It works in the short run, but in the long term it often shows that the Indian team taking over the code doesn't understand it and can't maintain it and starts seriously butchering it with patches, quick fixes, etc. without the knowledge of why things were the way they were. This wrecks a lot of formerly half-decent software IME.

    16. Re:Getting undercut by those... by Ravaldy · · Score: 1

      What do you expect them to think? "Oh, sorry, I don't want to affect your much higher standard of living. I'll just stick to my subsistence living with my postgrad education then."

      That's not the point. These people are asking for less than market value by a large margin. If the worker is worth less, then so be it but it's not the case here. I had an intermediate programmer tell me he would accept minimum wage. I could tell he was worth at least 40k / year which means he could have easily raised his expectations by double and still been under the minimum I would have paid him. So why was he willing to work for less than the guy sweeping the floor at McDonald?

      I could add more about how our current lifestyle wasn't raised by government intervention but rather employee intervention through the implementation of unions. How do we tackle this new problem? Maybe through government as you suggest.

    17. Re: Getting undercut by those... by Anonymous Coward · · Score: 0

      One side of your face appears to be drooping a bit...

  9. I love tatas by HouseOfMisterE · · Score: 5, Funny

    Nature's pillows.

    1. Re:I love tatas by LaurenCates · · Score: 2

      I can't believe I had to scroll this far down to get any kind of "tata" joke.

      That said, it's a sad state of affairs when "tata" jokes are the exception in a thread like this, not the rule.

      --
      Some people don't believe in fairies. I don't believe in The Patriarchy.
    2. Re:I love tatas by Anonymous Coward · · Score: 0

      Yeah, I hate it when nerds do not live up to my low expectations of them. *dork laugh*

    3. Re:I love tatas by Sir_Eptishous · · Score: 1

      Mod points please.

      --
      We play the game with the bravery of being out of range
    4. Re:I love tatas by zlives · · Score: 1

      i blame the vast majority of H1b visa holders that now permeate the marketplace thus diluting the culture where tatas and tata realted jokes were much appreciated.
      also women in the tech market /sarc

    5. Re:I love tatas by Anonymous Coward · · Score: 0

      Boil 'em, bake 'em, put 'em in a stew.

    6. Re:I love tatas by Anonymous Coward · · Score: 0

      I'm also very discriminating when it comes to tatas

    7. Re:I love tatas by LaurenCates · · Score: 1

      Eh, I'm as immature as anyone when it comes to lame humor with just-this-side-of-naughty euphemisms.

      I came in looking for lame jokes and puns because, hey, it brightens my day when a bunch of us can get together and be goofy.

      --
      Some people don't believe in fairies. I don't believe in The Patriarchy.
    8. Re:I love tatas by Anonymous Coward · · Score: 0

      rofl, if someone asks, do I say I work for a bunch of "boobs?" if that is infact the case, what does that say about intelligence of the individual? If you were to quantifiy that statement with lets investigate the organization and get a root cause.. Well looking @ Tata, their past, present, and future. Perhaps "boob, or Boobs may be spot on"

      Moving past that, would you exclaim you work for a "rack", if someone asked you to describe "the rack" what would it be? Jessica Beil, Dolly parton, Rosanne Barr, Samantha 38G, Fiona from "shameless?" need I go on pontificating? Whats your perception?

  10. The "real" law by MetalliQaZ · · Score: 1, Insightful

    Doesn't matter what the actual law says. The actual, unwritten law that everyone follows says that you cannot discriminate against straight white men. Lawsuit won't succeed unless they dig up some incredibly damning emails.

    --
    "Here Lies Philip J. Fry, named for his uncle, to carry on his spirit"
    1. Re:The "real" law by Anonymous Coward · · Score: 0

      Which would show the discrimination against straight white men... You aren't oppressed. Really!

    2. Re:The "real" law by Anonymous Coward · · Score: 0

      Yes you can. White men under the age of 40 are not a protected class.

      I can post an add saying White men under 40 need not apply and there's nothing anyone can do about it.

      But who's kidding who. If you want to discriminate, all you have to do is say they don't have the skills, they don't fit in, the job posting was closed, we found someone, etc .... One can always find a legal excuse to not hire anyone.

      The skills one pisses me off. Exactly what skills am I missing?

      No answer. *Ah! They're bullshitting me.*

      Years ago, I had a Java class (but no experience) and I applied for jobs. I got one interview and the guy really liked me, but alas, no job. He was professional enough to tell the recruiter why, even though I was one of his top two picks, why he didn't hire me: he wanted job experience with Java. The manager was with Accenture. He was one of the few professional interviews I have received in 20 years in the tech industry. I really wanted to work for the guy.

      And it really sucks that you can spend a lot of time learning new skills but no one cares if you don't have on the job experience. I think I pissed away several thousand dollars on training (not including university) on my own dime that did nothing for me. And since I haven't the need to use them, I forget it.

      This industry really pisses me off and I'm beginning to think that the Indians can have it all for all I care.

    3. Re:The "real" law by quietwalker · · Score: 5, Insightful

      The "actual law" often says that discrimination is behavior towards a member of a legally recognized minority on the basis of their membership in said legally minority. Of course it varies state to state and between municipalities, but that's usually the language of it. It's only the general, unwritten interpretation that provides the vague assurances of "racial discrimination is illegal" or "gender discrimination is illegal" or similar nice-sounding definitions.

      Unfortunately, 'male' and 'white' are not legally recognized minorities, so by many actual, written laws, you cannot discriminate against someone if you disadvantage them because they are either white, or male, in the same way that it's not discrimination if you only hire the deaf over the non-hearing-disabled.

      The same is true of the legal definition of rape in some states; rape is only defined as a male penetrating a female. All other combinations (man/man, female/female, female on man) is considered a lesser form of sexual assault. In these places, a female can never be charged with rape.

    4. Re:The "real" law by HornWumpus · · Score: 2

      Accenture? You dodged a bullet.

      --
      John McAfee 'It was like that time I hired that Bangkok prostitute; to do my taxes, while I fucked my accountant'
    5. Re:The "real" law by AmiMoJo · · Score: 0

      That's just bullshit spouted by MRAs. There have been prosecutions for racism against white people in the past.

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    6. Re:The "real" law by Anonymous Coward · · Score: 0

      Oh you can't discriminate against straight white men. Lawsuit won't succeed unless they dig up some incredibly damning emails.

      Oh you can discriminate against a straight white man. You can't discriminate against a RICH white man and his profits.

    7. Re:The "real" law by oh_my_080980980 · · Score: 1

      Actually it's quite easy. All he has to do is show he was passed over for qualified positions.

    8. Re:The "real" law by Anonymous Coward · · Score: 0

      There's a difference between Racism and Discrimination, dip shit!

    9. Re:The "real" law by StikyPad · · Score: 1

      You're spouting nonsense. There is nothing about "minorities" in the Federal law, which takes precedence.

      http://www.eeoc.gov/laws/pract...
      http://www.eeoc.gov/laws/statu...

    10. Re:The "real" law by Cederic · · Score: 1

      And it really sucks that you can spend a lot of time learning new skills but no one cares if you don't have on the job experience. I think I pissed away several thousand dollars on training (not including university) on my own dime that did nothing for me. And since I haven't the need to use them, I forget it.

      I feel for you on that. I do my best to discourage anybody from spending their own money on IT training, as the payback just isn't there.

      You need to self-learn and get on the job training (paid, self-employed/hobbyist or via open source), and then decide whether to supplement that experience with additional training/certification. But there are so many people out there will hands-on knowledge that just having the training is pretty much never enough to pull a job.

    11. Re:The "real" law by Anonymous Coward · · Score: 0

      Can you provide one statute that supports your rape related statements? Or at very least, name some States for which that's true?

    12. Re:The "real" law by Bob+the+Super+Hamste · · Score: 1

      My thoughts exactly. What is more shocking is that there was someone at Accenture who was looking from someone whit experience and knowledge. The running joke were I work when writing test books or manuals is to write them so even someone from Accenture could do the install or test.

      --
      Time to offend someone
    13. Re:The "real" law by Coren22 · · Score: 1

      I can post an add saying White men under 40 need not apply and there's nothing anyone can do about it.

      Except that that covers three protected classes. Sex, age and race.

      --
      APK likes to ask for responses to the same things over and over. Maybe he just likes the responses?
    14. Re:The "real" law by Anonymous Coward · · Score: 0

      Wrong. Note what you linked to was guidelines, not actual laws. Also note that the pivotal term is not "minorities" but how discrimination is defined. That definition, as it stands legally today is a member of a majority using their power unequally in regard to someone of protected status. Minorities cant discriminate as they do not have majority status. Majorities cant be discriminated against because they do not have minority status. Simple as that.

    15. Re:The "real" law by Anonymous Coward · · Score: 0

      As well as discrimination against men - the supreme court case Frontiero v. Richardson was argued by future supreme court justice (and prominent woman's rights activist) Ruth Bader Ginsburg when she was working for the ACLU. The result? Male spouses of servicemembers get the same benefits as female spouses of servicemembers. Ruth Bader Ginsburg wasn't even the plaintiff's lawyer, she argued the case amicus curiae because it was so important.

    16. Re:The "real" law by Himmy32 · · Score: 1

      Civil rights act of 1964 says absolutely nothing about not discriminating against minority, but that you can't discrimate based on race, color, religion, sex or national origin. The cases are harder to win, but the majority is still protected class. http://en.wikipedia.org/wiki/R...

      DISCRIMINATION BECAUSE OF RACE, COLOR, RELIGION, SEX, OR NATIONAL ORIGIN
      SEC. 703. (a) It shall be an unlawful employment practice for an employer--

      (1) to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual's race, color, religion, sex, or national origin; or

    17. Re:The "real" law by serviscope_minor · · Score: 1

      Oh come now, everyone knows the world is biased heavily against straight white men.

      Please don't clutter up the conversation with your "facts" about the actual "laws".

      --
      SJW n. One who posts facts.
    18. Re:The "real" law by HornWumpus · · Score: 1

      They called me once. I had written a bunch of software used by their electric utility clients.

      The only reason they wanted me was to make their bid credible vs. my former employer (for who I no particular love). Their reputation had preceded them, they didn't get that contract.

      They wouldn't have got it in any case, but I kept their shit off of me.

      --
      John McAfee 'It was like that time I hired that Bangkok prostitute; to do my taxes, while I fucked my accountant'
    19. Re:The "real" law by Anonymous Coward · · Score: 0

      And it really sucks that you can spend a lot of time learning new skills but no one cares if you don't have on the job experience.

      What's stopping you from writing something useful and publishing it for the world to see and use?

      The problem in front of you is proving that you can translate what you learned in school into actually shipping a product. If you can't solve your problem, why should I hire you to solve mine?

    20. Re:The "real" law by Anonymous Coward · · Score: 0

      The actual, unwritten law that everyone follows says that you cannot discriminate against straight white men.

      As an actual, straight, white, man... I call bullshit.

      and to stay on-topic here: Who exactly do you think most of the developers are who are being replaced by cheap H1Bs? Straight white men.

    21. Re:The "real" law by Anonymous Coward · · Score: 0

      YA baby!!!!! u go!!

    22. Re:The "real" law by Anonymous Coward · · Score: 0

      Mod down. This is all nonsense as it pertains to the US.

  11. racial discrimination prevelant in the world by Anonymous Coward · · Score: 2, Insightful

    The United States is an exception in caring about racial discrimination in the world. This seems to surprise many Americans.

  12. Can we stop the "War on Discrimination"? by mi · · Score: 2, Insightful

    It does not work — despite decades of efforts, Blacks and womyn still earn less than others — for whatever reasons.

    It causes ugly discrimination of other kinds — with government contracts officially favoring womyn-run businesses and colleges openly penalizing certain races.

    It costs businesses billions to avoid such lawsuits, and millions more in damages and fees when the avoidance-efforts fail. And not just businesses — government agencies too pay (with our monies) to avoid being sued. Even worse, the prosecutions by the Equal Employment Opportunity Commission are of the "guilty until proven innocent" variety, with most targets agreeing to settle because the Executive can run them out of business before Judiciary gets to even hear the accusations.

    And finally, even if it weren't for the failures and abuses, the whole idea is immoral, because it seeks to punish thoughtcrimes — one is guilty, because one had (or is suspected of having had) certain illegal thoughts.

    Can we just stop this nonsense? If Tata — or anyone — want to discriminate, let them...

    --
    In Soviet Washington the swamp drains you.
    1. Re:Can we stop the "War on Discrimination"? by Anonymous Coward · · Score: 1

      Can we throw in Whites make less than Asians and also short people make less than tall people ?

      I want that shit addressed.

    2. Re:Can we stop the "War on Discrimination"? by mi · · Score: 1

      You seem to have a conflict of interest here and should excuse yourself from further deliberations.

      --
      In Soviet Washington the swamp drains you.
    3. Re:Can we stop the "War on Discrimination"? by Anonymous Coward · · Score: 0

      Women do not earn less unless you include a bunch of Feminist bullshit things like a librarian's pay vs. a oil driller's pay. Quit pushing the myth the MSM wants everyone to read.

    4. Re:Can we stop the "War on Discrimination"? by holostarr · · Score: 1

      This is the dumbest thing I have ever read! So what you say is people should just give up and be discriminated against? Listen the reason why to this day US is an attractive destination for immigration (to a point where someone is welling to accept lower pay just to get here) is because we have laws that protect people against this kind of discrimination. If we just give up and allow our values to erode then we will be going backwards when countries like India and China are fighting to achieve what we have here in west in terms of equality.

    5. Re:Can we stop the "War on Discrimination"? by mi · · Score: 1

      So what you say is people should just give up and be discriminated against?

      No, what I say is that it should stop being illegal. You and I may still dislike it, but no one should be prosecuted for it.

      It should not be tolerated in public and government-run organizations — police, public transport, military ought to be "color-blind". But private companies should remain just as free to refuse to hire anyone for any reason (or no reason at all), as a girl may refuse to marry a particular suitor.

      the reason why to this day US is an attractive destination for immigration [...] is because we have laws that protect people against this kind of discrimination

      The US was an attractive destination for immigration long before we introduced such laws (which only happened 50 years ago). Various other countries — Russia included, for example — have such laws too... To put the final nail into your argument, Dubai and other rich emirates are swarmed with Indians, who — even those born there — have no citizenship rights, but are attracted by the wealth of the country anyway.

      No, it is the Americans' wealth and freedom, that make us attractive. And freedom includes being free to harbor racist thoughts — and even base hiring decisions on them.

      India and China are fighting to achieve what we have here in west in terms of equality.

      You don't fight for equality by making it mandatory. It tends to have the opposite effect — and American life of the past 50 years is an experimental confirmation of that theoretical observation.

      You didn't dispute a single one of the points I raised — so you agree, that we are in a hole. You just want to keep digging it for some reason.

      --
      In Soviet Washington the swamp drains you.
    6. Re:Can we stop the "War on Discrimination"? by afidel · · Score: 2

      The funny thing about those women favoring contracts, they end fulfilled by a minority woman owned pass-through entity which files the paperwork and the same old contractors do the actual work. That's how a friend of mine described it, he said when he worked for Booze Allen he worked on just such a contract, three minority women had an office in DC where they filed paperwork and passed off the actual fulfillment to his group while they collected their 1-2% management fee. Those three were doing a couple $Billion in set-aside contracts so earning a few million a year for essentially nothing more than being a minority woman with a law and/or accounting degree.

      --
      There are 4 boxes to use in the defense of liberty: soap, ballot, jury, ammo. Use in that order. Starting now.
    7. Re:Can we stop the "War on Discrimination"? by AmiMoJo · · Score: 1

      Your links don't back up your MRA talking point claims. There is no evidence that equality laws cost businesses "billions". Using the term "womyn" is just plain trolling. There is no punishment of "thoughtcrime" - in order to bring a prosecution there has to be proof of action to discriminate.

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    8. Re:Can we stop the "War on Discrimination"? by holostarr · · Score: 1

      No, what I say is that it should stop being illegal. You and I may still dislike it, but no one should be prosecuted for it.

      No it should be illegal! Just because you see some people abuse it doesn't mean the system doesn't work and should be abandoned completely. There are legitimate reasons why these laws exist, for example: http://www.businessinsurance.c...|70|83|329|302|339|91

      The US was an attractive destination for immigration long before we introduced such laws (which only happened 50 years ago [wikipedia.org]). Various other countries — Russia included, for example — have such laws too... To put the final nail into your argument, Dubai and other rich emirates are swarmed with Indians, who — even those born there — have no citizenship rights, but are attracted by the wealth of the country anyway. No, it is the Americans' wealth and freedom, that make us attractive. And freedom includes being free to harbor racist thoughts — and even base hiring decisions on them.

      Firstly, people go to Emirates for a different reason, they put up with abuse and lack of human rights so they can save up money and eventually go somewhere else such as United States. Secondly, people come to US for many reason aside from wealth and freedom, equality is one them. They want their children to have equal opportunity rather than be treated as second class citizens because of their race, gender, sex and sexual orientation.

      You don't fight for equality by making it mandatory. It tends to have the opposite effect — and American life of the past 50 years is an experimental confirmation of that theoretical observation.

      No-one is talking about some Affirmative action or racial quotas, I'm talking about laws that protect people from abuse such as the one linked in the article above.

    9. Re:Can we stop the "War on Discrimination"? by Anonymous Coward · · Score: 0

      >You don't fight for equality by making it mandatory

      Um... yes, yes you do.

    10. Re:Can we stop the "War on Discrimination"? by mi · · Score: 1

      Your links don't back up your MRA talking point claims.

      Yes, they do. Please, be specific and identify a link, which does not back the claim under which it is provided.

      There is no evidence that equality laws cost businesses "billions".

      I didn't provide a link under that, but wherever I did provide a link, each backs up the corresponding statement.

      Now, if you insist on me backing up that statement too, here is an interesting page giving national aggregation of Employment Practices Liability Insurance:

      The U.S. market of EPLI premium totaled about $1.7 billion in 2013

      And that, of course, is just the routine cost of insurance premiums. Add to that the cost of dealing with the actual claims — and the costs of settlements and fines by those without insurance, and the "billions" multiply.

      Using the term "womyn" is just plain trolling.

      Well, that is the term certain females prefer — because there is no "man" in it — why do you consider my using it "trolling"? And even if it were — what of it?

      There is no punishment of "thoughtcrime" - in order to bring a prosecution there has to be proof of action to discriminate.

      That very same action may or may not result in prosecution depending on what the actor thought at the moment. That makes it a thoughtcrime.

      --
      In Soviet Washington the swamp drains you.
    11. Re:Can we stop the "War on Discrimination"? by mi · · Score: 1

      Just because you see some people abuse it

      It is not "some people" — I gave links showing institutional abuse with kids of certain races being penalized by colleges, for example.

      There are legitimate reasons why these laws exist for example

      What's so "legitimate" about your example? On the contrary, it is quite illegitimate. The link tells us about an employee allegedly harassed and subsequently fired because of his age... While harassment (of anyone) is wrong, employment is not a "right" and private employers ought to be free to hire and fire anyone for any reason. If a girl can say: "You are too old for me" or "I don't date Jews" — why can't a private employer in a free country base decisions on the same thoughts?

      Your link also gives yet another example of Executive's power to extract money and obedience without bothering with the Judiciary — if you celebrate that, then you aren't as "Liberal" as you'd like to think of yourself...

      Firstly, people go to Emirates for a different reason, they put up with abuse and lack of human rights so they can save up money and eventually go somewhere else such as United States.

      Maybe. But what makes you think, it is the discrimination being illegal, that makes the US so attractive? We were quite a magnet even before that. Can you cite some sort of study among the recent newcomers to the US summarizing their motivations for moving?

      No-one is talking about some Affirmative action or racial quotas

      Bzzz, false! The entire TFA and the write-up talk about racial quotas — the main accusation against Tata is that its workforce is 95% "South Asian". And my thread-starting post talked about those two kinds of discrimination primarily as well.

      Quotas do exist, unfortunately, and it is to meet them that colleges and employers nation-wide lower standards for some races while raising them for others.

      --
      In Soviet Washington the swamp drains you.
    12. Re:Can we stop the "War on Discrimination"? by Anonymous Coward · · Score: 0

      The second someone accuses someone else of being an "MRA" is the second I can completely disregard their opinion as rubbish. They do not exist in a world with logic, reason, and consequences. They exist in a world of feelings, hunches, and reactionary, us-vs-them bullshit. They are, unexceptionally, pieces of fetid human shit.

      I didn't even read his post, but thanks to yours, I know to never, ever believe a thing you say. I know you will always ground your claims in lies and delusion.

  13. Re:and people say unions are bad this is what happ by mi · · Score: 1

    when we don't have unions to stand up for workers rights!

    What rights? There is no right to employment.

    --
    In Soviet Washington the swamp drains you.
  14. Not only Tata by Anonymous Coward · · Score: 0

    From experience with another indian IT company they were very clear that no non-indians will ever get to the top ranks.

    1. Re:Not only Tata by HornWumpus · · Score: 0

      No non-brahman will ever get to the top ranks.

      NEVER hire brahman. They are all air thieves who are 'too good' to actually work.

      --
      John McAfee 'It was like that time I hired that Bangkok prostitute; to do my taxes, while I fucked my accountant'
    2. Re:Not only Tata by Anonymous Coward · · Score: 0

      Of course, the tata's dont want the brahman holding them back

    3. Re:Not only Tata by Anonymous Coward · · Score: 0

      or the other instance, the tata's rely on the brahman for support

  15. Race to the bottom by Sir_Eptishous · · Score: 5, Insightful

    Just another speed bump on the race to the bottom.

    --
    We play the game with the bravery of being out of range
    1. Re:Race to the bottom by Anonymous Coward · · Score: 0

      That is what happens in capitalism without sufficient regulation. When corporations are people to and can buy influence and capture regulatory agencies there is no other result.

      The same race to bottom happens when local governments compete with each other to give away all the potential tax benefits (and then some) to induce a large business to relocate from one City to another. The tax pie as a whole shrinks with no overall net benefit to anyone except the company saving on taxes.

      And yet there is still debate on whether this activity should be regulated because the only thing the representatives really represent is the monied interests not the working man who gets screwed in the end.

    2. Re:Race to the bottom by Anonymous Coward · · Score: 0

      Butt, when we get there, that's bottom's going to be so good.

  16. Yep. by thermowax · · Score: 5, Interesting

    The comments below that article are interesting, and they- as well as the article- mirror my experience exactly.

    I used to work for a domestic (US) majority (65%+) Indian company. Not small, at least 5,000 people. The CEO and CFO were Indian, and the rest followed. Not knowing their H1-B figures, I distinctly got the impression they were using the place for an immigration/sponsorship factory for their friends, extended family, caste, whatever. Management? Virtually 100% Indian. Layoffs? Huh, no Indians in that round, either. It was pretty obvious how non-Indians were treated like crap, but no one was in a law-suitin' mood because this was just after the dot-bomb crash and tech jobs weren't falling off the trees anymore. I realize everyone is an individual, blah, blah, but it seems endemic to native Indian culture that if you're not Indian you ain't shit.

    I'm probably going to get yelled at for saying this, but the thing that pissed me off the most- another cultural thing- is that they weren't interested in working together (amongst themselves or with non-Indians) to find the best solution to a problem. Technical discussions always degenerated into dick waving arguments. They were more interested in getting *their* solution jammed through for a personal victory than the greater good. It was disgusting.

    1. Re:Yep. by Anonymous Coward · · Score: 1

      Working as a consultant I've seen some interesting stuff. One large telecom I worked in recently had a disproportionate number of Indians in the department I was working with. There were a number of very talented Indian men and women there but there were also a lot that didn't seem to do anything except forward emails and pass their work on to the "smart" guys. I have always figured smart people want to work with other smart people but here that was not the case. There were several Pakistani, Nigerian, American (white and non-white) and Asian that were very knowledgeable and on par with the Indian top talent but were treated as second class or lower. They were hushed in meetings and ridiculed behind their backs. Needless to say I couldn't wait to leave.

      I do believe that these are isolated occurrences though in that the majority of my experiences (Oil and Gas, Financial, Higher Education) are not like that.

    2. Re:Yep. by Anonymous Coward · · Score: 0

      They were hushed in meetings and ridiculed behind their backs.

      I yell louder and make it clear *I* am in charge, and yes *I* have a clue, dont let the laid back 'aw shucks' fool you. I am not mean about it. I just put it in a bullet point list and make you responsible for what you say (funny how they run for the hills). If you knew me you would also know that is *way* out of character for me. I do not however take very well to people undercutting my authority. You will find yourself sidelined PDQ. My give a damn level is very low so you have to be a serious jerk to get past that... But if you go past it ... well lets just say I have 25 years of playing dirty, at one of the most PC companies you have ever worked at, I can draw upon.

    3. Re:Yep. by Tablizer · · Score: 2

      Technical discussions always degenerated into dick waving arguments. They were more interested in getting *their* solution jammed through for a personal victory than the greater good. It was disgusting.

      How is this different from any workplace loaded with geeks? "Tool X is has better flux capacity and washes dishes while juggling. You are using obsolete crap."

      2/3 of the time they just want to use Tool X to get resume experience in it to move on to better-paying buzzword suckers, leaving their steaming experiment to others.

      Good level-headed managers are needed to tame them and find compromises. Otherwise they'll rewrite the company's internal toilet paper tracking system in NodeJS using Hadoop on their brother-in-law's "cloud".

    4. Re:Yep. by Anonymous Coward · · Score: 0

      I'm probably going to get yelled at for saying this, but the thing that pissed me off the most- another cultural thing- is that they weren't interested in working together (amongst themselves or with non-Indians) to find the best solution to a problem. Technical discussions always degenerated into dick waving arguments. They were more interested in getting *their* solution jammed through for a personal victory than the greater good. It was disgusting.

      That and whenever you find a flaw in their work it immediately turns into a game of passing the blame. Nothing is ever their fault, it's always some subordinate or someone in another department gave them iffy data but of course they couldn't be bothered to follow up on it back then and hoped it'd just fly under the radar. One made a huge deal about the adjustments we had to make to his design, screamed and stomped his feet about how we were wasting time only that when he was told by his boss to review all of our comments he had to concede that we were correct, making himself only look worse than had he simply agreed to review them in the first place.

    5. Re:Yep. by StikyPad · · Score: 1

      "They were more interested in getting *their* solution jammed through for a personal victory than the greater good."

      Please -- you just described at least half the population, and probably 90% of managers.

    6. Re:Yep. by Anonymous Coward · · Score: 0

      Ding ding ding...we have a winner. Indian culture is by and large racist, sexist, homophobic, and repressed. They are essentially 1950s America without the prosperity, good education, or good government. There's a reason so many end up staying in America, they're the smart ones.

    7. Re:Yep. by HornWumpus · · Score: 1

      You will respect ACs authoriti!

      --
      John McAfee 'It was like that time I hired that Bangkok prostitute; to do my taxes, while I fucked my accountant'
    8. Re:Yep. by thermowax · · Score: 1

      Snort. It's not always that way. Maybe in any Silicon Valley workplace loaded with semi-adolescent/self-absorbed/hipster geeks and PHBs (I've been there)- but there is actually a subset of the geek population that is quiet, thoughtful, polite, reasonably socially adept, extremely smart, and devoted to the mission over their own personal gain. For optimal results, add good management that recognizes the value of an employee that is a team player and not a prima donna that needs to be "tamed".

      It's about being professional.

    9. Re:Yep. by Anonymous Coward · · Score: 0

      When I worked with a team in India, I'd tell one engineer (email, teleconference, etc) some useful thing - how some code worked, how a particular check in process worked, why we needed to test a particular feature a certain way, etc. I'd ask him to relay it to the rest of the team there.

      Without fail, that did not happen. I'd get asked the same question by the next engineer and I'd have to explain it again. I got to the point I had to email *the entire team* at the other end (including management) to get the message out.

      Why? Because over there, at that company and perhaps more generally, they were all scared and felt they were immediately expendable resources. In that scenario, having one bit more knowledge than your co-worker makes you less likely to get fired. The knowledge I gave one of them made their employment more secure so sharing it diluted that security.

      This is the ABSOLUTE opposite of what you want in a team you work with. You want knowledge to disseminate. You want communication. You want problems and ideas shared and solutions propagated. This culture of disposable employees bred and environment where that just couldn't happen.

      Reminded me of a story about a US Army Sgt instructing a group of Iraqi officers on some technical aspects of armoured operations. The lead Iraqi officer went around as he handed out manuals, collected them, and locked them up, claiming the other officers couldn't read (not true). The lead Iraqi officer had been trained in the US. He had knowledge and power. He didn't want to dilute that by having the other officers know the special things he knew because then he wasn't special or secure anymore. THAT leads to one f-ed up military. THAT same thinking leads to f-ed up companies you don't want to work with.

      Labour being disposable introduces so many problems that no company should ever contemplate working with companies that operate that way and shouldn't operate that way themselves.

    10. Re:Yep. by Anonymous Coward · · Score: 0

      They were more interested in getting *their* solution jammed through

      Although the solution they claim is something they personally came up with, often as not they stole it from someone else.

    11. Re:Yep. by Tablizer · · Score: 1

      a subset of the geek population that is quiet, thoughtful, polite, reasonably socially adept, extremely smart, and devoted to the mission over their own personal gain

      All the orgs I've worked for filters most of those guys out.

    12. Re:Yep. by Anonymous Coward · · Score: 0

      ... good management....

      What's that? Never heard of it.

    13. Re:Yep. by Anonymous Coward · · Score: 0

      it seems endemic to native Indian culture that if you're not Indian you ain't shit

      Favoring in-groups seems to be endemic to basically every culture ever. Americans, broadly speaking, aren't any different.

  17. And so, by roc97007 · · Score: 1

    It starts.

    --
    Oliver's law of assumed responsibility: If you're seen fixing it, you will be blamed for breaking it.
  18. Re:and people say unions are bad this is what happ by rickb928 · · Score: 2

    It was called the Equal OPPORTUNITY Commission.

    It's not that you have a right to employment. You have, in the US, a right to an equal opportunity.

    Yeah, I know. That too.

    --
    deleting the extra space after periods so i can stay relevant, yeah.
  19. Re:and people say unions are bad this is what happ by OhPlz · · Score: 3, Insightful

    Unions stand up for union dues. They don't give a shit about you beyond that.

  20. Re:get rid of the H-1B job lock and set a higher m by Sir_Eptishous · · Score: 5, Insightful

    get rid of the H-1B job lock and set a high min wage for them maybe with X2 OT (or ever higher min wage) at 60-80+ hours a week. Then the issue will go away.

    What! Are you crazy or something man?!? You can't do that, Zuckerberg, Gates and the Chamber of Commerce wouldn't have it!

    --
    We play the game with the bravery of being out of range
  21. Re:and people say unions are bad this is what happ by beefoot · · Score: 3, Insightful

    > and people say unions are bad this is what happens when we don't have unions to stand up for workers rights!
    Yes, we need unions to stand up for the union officials and to justify their existence. Don't believe me ... from where I'm from, union is so powerful that they could dictate the outcome of elections. That's how they justify their existence -- have pet politicians who listen to them if they want to get elected.

  22. Re:and people say unions are bad this is what happ by mi · · Score: 1

    You have, in the US, a right to an equal opportunity.

    Except unions — such as by defending the incumbent workers — contribute to inequality, rather than fight it.

    If Tata's workforce — 95% South Asians according to TFA — unionized today, would that be helping other races make satisfying careers in the company?

    --
    In Soviet Washington the swamp drains you.
  23. Sounds like the model for Mark Zuckerberg's PAC by mike2006 · · Score: 1, Flamebait

    If Zuckerberg and his ilk have their way this would be the norm through legislation by politicians he bought and paid for.

  24. Re:and people say unions are bad this is what happ by Registered+Coward+v2 · · Score: 1

    when we don't have unions to stand up for workers rights!

    What rights? There is no right to employment.

    True. However, workers can undertake actions to increase their bargaining power and thus wages, as can any other supplier. My hat you pay a wage is no different than any economic transaction. If workers can improve their position in negotiations than so be it. You're free to fire me and I am free to walk but often that is in neither of our best interested so we need to come to some agreement we both can live with.

    --
    I'm a consultant - I convert gibberish into cash-flow.
  25. hate to blow the bubbles by beefoot · · Score: 1

    I hate to blow the bubbles, if you go to any branch office of multinationals around the world, you will find the majority of people at the top there are from the origin countries. One would argue that it is only limited to the people at the top, i am sure there is some sort of discrimination taking place but at a lower scale comparing to Tata.

  26. Re:get rid of the H-1B job lock and set a higher m by WillAffleckUW · · Score: 1

    But if you raise the minimum wage to say $15/hour like Seattle and other places, statistics show job growth of US citizens will increase and they will hire more Americans to work! Think of your radical solutions: there are help wanted signs EVERYWHERE in Seattle now! I can't walk two blocks without passing 4 or 5 help wanted signs!

    --
    -- Tigger warning: This post may contain tiggers! --
  27. Then don't choose them... simple by Anonymous Coward · · Score: 0

    The problem is not Tata or Wipro or any other IT services firm people love to hate for reasons like these... They exist only because there is a demand... Simple economics... If you stop Indian companies... Some other company from another third world country will do it... When contracting with a company for any project the client management should be aware of the decision they are making to support such demand... I am not supporting companies like TCS or Wipro... And wouldn't work for them even if paid well since they are like fish markets... Where quality is a concern only when the clients notice... And quality of life... Lols..
    That does not mean there are no companies from India who don't care for these things... There are and they focus on quality, specialization and other nontechnical aspects to get and retain high paying clients and treat their employees well...

    By the way... I am an Indian software developer who has worked both in US and in India.

  28. Re:and people say unions are bad this is what happ by thaylin · · Score: 1

    way to stereotype all unions there. While some, or even many, but not all of them.

    --
    When you cant win, ad hominem.
  29. TATA is a shithole body shop. by Anonymous Coward · · Score: 0

    The reason that most of its employees are Indians is that Americans won't accept the rock-bottom wages TATA offers. Neither will any Indians who have serious skills that can fetch more than $25/hour in the marketplace.

  30. Re:get rid of the H-1B job lock and set a higher m by Anonymous Coward · · Score: 1

    more like 80-100K + COL for H-1B's with no job lock.

  31. Re:get rid of the H-1B job lock and set a higher m by ShanghaiBill · · Score: 1

    But if you raise the minimum wage to say $15/hour like Seattle and other places, statistics show job growth of US citizens will increase and they will hire more Americans to work!

    Can you provide a citation for these "statistics" that show mandatory higher wages lead to more jobs? I have seen studies (using a methodology that many economists dispute) that show no significant job losses from a higher minimum wage, but never one that showed actual gains. Since that defies common sense, and if your "statistics" actually existed, they would be widely trumpeted by advocates of a higher minimum, I hereby conclude that you are full of baloney and just making stuff up.

  32. The King Has No Clothes by Press2ToContinue · · Score: 2

    And somebody finally said it out loud.

    --
    Sent from my ENIAC
    1. Re:The King Has No Clothes by LessThanObvious · · Score: 1

      I'll be curious to see if white Americans actually still have rights. I know they are viewed as the privileged oppressors, but maybe we'll see if it can still be discrimination even if it's against white Americans.

  33. I was a local hire by BadPirate · · Score: 3, Informative

    I was a local hire at TATA (TCS) doing software work at Apple... Treated me well enough, however I quickly came to realize there was little chance for advancement / promotion in that track. So I found another job, where the bias was going more in my favor. The racial preference at TCS in the US would be more "awful" if it wasn't just a small coin balancing a big stack of the opposite bias elsewhere in the industry.

    --
    - Holy crap, I've got MOD points! Who thought that was a good idea.
  34. The root problem is the body shop mentality by ErichTheRed · · Score: 5, Interesting

    I work for a specialty IT services firm. The company is European, I'm an American. Even though we do a lot of the same services that Tata, CSC, Wipro and the others do, the company is single-industry focused and therefore most of our employees have some clue what they're doing. The discrimination claim is going to be nearly impossible to prove unless there's a real smoking gun hanging out there

    The problem with IT services is that when a company outsources their IT, a new layer of abstraction is created between them and their systems. That layer also needs to make money. I know there are MBA accounting tricks that make this arrangement look better on paper, but the reality is that the outsourcing costs more in real dollars and time lost than the company could save by doing it in house. These IT services firms want the maximum profit from the arrangement, so they bill like crazy, and are constantly testing ways to provide the absolute lowest level of service they can get away with. In the case of, say, IBM or Accenture, this is done by swapping the labor out to whatever country is cheapest that year, and only keeping project managers and absolutely key people in high-cost countries. In the case of Tata or Infosys, that's accomplished by a mix of H-1B sponsorships and doing the work in India. The result is very clear, and has been for years -- unless the IT services company is willing to leave some money on the table and someone with a clue at the customer, the customer will get the minimum service level that won't breach the contract, and pay more for bad work product. The problem, like I said, lies in the MBA accounting tricks that make this look like a good idea.

    That said, we have the same problem in our company, but not to the same extent as the complaint alleges. All the top leadership is European, it's been that way for quite a while, and the company is very Euro-centric. What we don't have is what this guy is describing -- our engineering group isn't given crap work assignments, etc. But, I highly doubt anyone from the US could move beyond the VP level. That's fine by me, because I have no ambition to do that. What the lawsuit alleges is that there's no opportunity at the lower ranks either.

    The thing I worry about for the future is firms like Tata squeezing out the entry-level IT jobs that allow IT professionals the ability to learn and grow into better IT jobs. It's not about the people's national origin -- my job involves working with a worldwide group of employees and customers, and there are great, fair and abysmal examples of IT professionals in all countries, all races, etc. Culture can be a problem, especially in mono-culture firms. The root problem is that if someone can make more money as a...whatever...instead of an entry level IT tech, then there will be no more job/career progression for anyone, and the domestic job market in IT will stagnate.

    1. Re:The root problem is the body shop mentality by Anonymous Coward · · Score: 0

      > The problem, like I said, lies in the MBA accounting tricks that make this look like a good idea.
      Damn you MBA accounting tricks always tricking gullible customers!

    2. Re:The root problem is the body shop mentality by Anonymous Coward · · Score: 0

      No outsourcing has its place, but it's place is very narrow and it's generally over used. Outsourcing works for some discrete skill/service which is not your primary business and for which there is a commodity available. Payroll, Accounting, Health Insurance and Benefits are usually best outsourced for smaller to medium sized and sometimes even larger companies. If you're a small or medium sized garage you are more likely better served by outsourcing you computer maintenance than hire hiring someone to do it. Even if you develop and support some computer application you may be better served by outsourcing the OS support if you bundle OS support with the support of your product. The last one might not be the case but if you have a choice between paying another company to help you on a minority of cases where you need OS support versus training someone internally who may rarely be needed... anyway, outsourcing has its place...

    3. Re:The root problem is the body shop mentality by DigiShaman · · Score: 1

      That is why I work for a MSP (Managed Service Provider) that handles outsourced IT solutions for small and medium businesses. The SMB market is huge in numbers, so the opportunity exists both locally and for local IT shops. And being that we're not having to deal with Enterprise, we don't get caught up in the bureaucrat BS of the decision makers being hamstrung. Plus, the communication is more direct, frank, and professional in person. The downside?? Benefits sucks, and pay is capped. Also the service level sucks more the larger the MSP grows. In effect, the nature of the industry is self-regulating on a sliding scale of body count to quality provided ratio.

      --
      Life is not for the lazy.
    4. Re:The root problem is the body shop mentality by Anonymous Coward · · Score: 0

      The problem, like I said, lies in the MBA accounting tricks that make this look like a good idea.

      The solution to that is to refuse bailouts when companies get themselves in trouble. Punish failure and let them burn in the fires of the own mistakes. Nothing short of that will shut up the MBAs and their "innovations".

  35. No lose situation by Anonymous Coward · · Score: 0

    Yup... Outsourced H1Bs.. What they lack in ability is more than made up by the cost over-runs. At the end of a project, they not only do a far worse job but they also take far longer to do it, thus ensuring that the cost is the same or much greater. And because they don't know the difference between a hash and a crypt, you can guarantee many, many months of ongoing support and timeline extensions.

  36. Re:and people say unions are bad this is what happ by oh_my_080980980 · · Score: 1

    WTF does that have to do with anything? The issue at hand is a company that lives off of H1B Visas is not hiring local workers and in fact discriminates against hiring local workers. So the notion that more H1B Visas are needed because they can't find workers if false and self fulfilling prophecy. Local workers exist, they don't want to hire them.

    Moron.

  37. Re:and people say unions are bad this is what happ by oh_my_080980980 · · Score: 1

    NFLPA and MLBPA seem do be doing right by their members.

  38. Re:and people say unions are bad this is what happ by oh_my_080980980 · · Score: 1, Troll

    LMOL yeah unlike the Koch Brothers and ALEC....

  39. South Asians are better employees. by Anonymous Coward · · Score: 0

    There isn't much to see here. If you always hire the most qualified people for the job, you won't end up hiring very many white Americans. Full stop.

    It's all about the horrible state of education and lazy entitled culture which has taken over mainstream white America.

    There is a cultural bias here, but it's hardly the fault of hiring managers. Want to get hired as a white person? Don't act like a lazy entitled white person, and encourage others to do the same. That's the only real way to fix this problem.

    1. Re:South Asians are better employees. by Anonymous Coward · · Score: 0

      There isn't much to see here. If you always hire the most qualified people for the job, you won't end up hiring very many white Americans. Full stop.

      It's all about the horrible state of education and lazy entitled culture which has taken over mainstream white America.

      There is a cultural bias here, but it's hardly the fault of hiring managers. Want to get hired as a white person? Don't act like a lazy entitled white person, and encourage others to do the same. That's the only real way to fix this problem.

      Sounds like you're over 70 years old, or perhaps under 17, or, more likely, have never worked in the USA.

  40. Creating problems by technocrattobe · · Score: 1

    Man these "south Asians" create problem everywhere they go

  41. Re:get rid of the H-1B job lock and set a higher m by WillAffleckUW · · Score: 1

    Yes, it's called the very low unemployment rate here. Which DROPPED after minimum wages were increased.

    The 21st Century called, and they want you to get over the 18th Century.

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  42. Re:and people say unions are bad this is what happ by Anonymous Coward · · Score: 1

    wrong + wrong = right!

  43. Re: and people say unions are bad this is what hap by Anonymous Coward · · Score: 0

    Sure, no right to work. But corps have no right to employees either, which gives unions some negotiating power.

  44. Accurate lawsuit is accurate by Anonymous Coward · · Score: 0

    I worked for TCS as my first job out of college. This lawsuit is spot-on. If you weren't Indian, the only way to got any kind of advancement was by drinking the Kool-Aid and becoming a house-'murrican to the Indian management. And the pay raises? Oh, you KNOW that all the Indians got the A-grade raises, and Americans that were running circles around them were getting Cs and Ds (and the raises with D-ratings didn't even keep pace with inflation). Meanwhile, the droves of Indians they brought in (or had working offshore) routinely did such a bad job that we (the local hires) had to fix it or we lost contracts. They get kids straight out of college who don't even realize how bad they have it there, and then exploit the crap out of them, while promoting the hell out of their cronies. But they always wondered "Why is employee retention so bad?" Idiots, every one of them. Awful, awful place, and I warn everyone I know that is looking for a job to steer clear.

  45. Re:and people say unions are bad this is what happ by mi · · Score: 1

    However, workers can undertake actions to increase their bargaining power and thus wages, as can any other supplier. [...] is no different than any economic transaction

    It is different, because of the official governmental support worker-unions enjoy — instead of being treated with the anti-trust laws, like any other entity working to raise the prices of what its members are selling.

    The right to organize like everybody else still exists, and has not gone away — one can join a volleyball league, a reading club, or a workers' union. So it must be some other "workers' rights", that the Coward starting this thread lamented. Which one(s), remains an open question.

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    In Soviet Washington the swamp drains you.
  46. Don't work for them if you want to learn by slackerfilm · · Score: 2
    My experience is that they have no sense of resource management.

    I started with experience in both networking and database management. I had only basic Perl and BASH experience and two quarters worth of community college VB classes. They of course assigned me to Java development assignment. Where the best Java Dev I was onboarded with, he went to work on a DB project even though he didn't even what it means to normalize a database.

    Over the course of two years with the company (including 3 months of technical recruiting) I would see this pattern over and over again. There was anecdotal evidence from many people with similar experience.

    Long story short, I am glad to be gone. Given their promotion model, I could see it being near impossible to get promoted with TCS, but most of that is because they are such a flat company. I don't think it has as much to do with bias. It is just that the talented staff bleeds off to find real work that employs their skills and the remainder are all that is left to promote.

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    throw the baby out. The bathwater is cold

  47. Can you say Disparate Impact boys & girls? by mpercy · · Score: 0

    I knew you could.

    Disparate Impact is a favorite tool of the left to "prove" discrimination has occurred even when it is highly unlikely. For example, when credit applications are scored by computer (where race is not entered). Almost always this is an Al Sharpton racially motivate thing.

    Interesting to see it working in the direction of the white folks, but I doubt we'll see Reverends Al & Jesse making a fevered appeal against the racism of Tata's hiring practices.

  48. Re:get rid of the H-1B job lock and set a higher m by ShanghaiBill · · Score: 1

    Yes, it's called the very low unemployment rate here. Which DROPPED after minimum wages were increased.

    The unemployment rate dropped all across America, and in Europe as well. I doubt all of that was because the minimum wage was raised for 1500 workers at SeaTac.

    Anyway, I appreciate your honesty in confirming that your "statistics" don't exist.

  49. Sure they can by mpercy · · Score: 1

    But won't you be among the first to complain when some company refuses to hire blacks, gays, and women?

    You really can't have it both ways.

    1. Re:Sure they can by Anonymous Coward · · Score: 0

      can you provide an example of an IT firm that refuses to hire blacks, gays or women?

  50. Re:and people say unions are bad this is what happ by mi · · Score: 1

    The issue at hand is a company that lives off of H1B Visas

    That may be one of the issues in TFA, but rickb928 brought up Equality of Opportunity here.

    That Equality transcends citizenship, actually, and unions impede rather than advance it, was my counterpoint.

    Moron.

    If you keep using the term as your signature, people will start making conclusions... Please, don't hate.

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    In Soviet Washington the swamp drains you.
  51. Re:get rid of the H-1B job lock and set a higher m by WillAffleckUW · · Score: 1

    wrong. there is a much lower unemployment rate in the actual areas with increased minimum wages than the areas that did not increase minimum wages. Shows at the city and county statistical levels.

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  52. Re:get rid of the H-1B job lock and set a higher m by Anonymous Coward · · Score: 0

    Two things -
    First - You didn't answer his question well. You provided one anecdote about Seattle and completely failed to provide information about the other places you originally mentioned.
    Second - Granted that the unemployment rate in Seattle dropped after wages were increased, can you establish the causality?

    I'm not against you, and I'm not trying to refute your argument, so please don't start foaming at the mouth and accusing me of all sorts of nefarious associations and beliefs, since that wouldn't support your argument either. If you can't back up what you say, then you have no credibility. And no, it's not my job to do all the research; if you're too lazy to provide it, then you should just be be quiet and let more rational, serious people discuss the subject.

  53. Re:and people say unions are bad this is what happ by Anonymous Coward · · Score: 0

    Unions do what their elected representatives choose to focus on. Aren't we supposed to blame the electors for what the people they vote for do?

  54. Re:and people say unions are bad this is what happ by Anonymous Coward · · Score: 0

    >While some, or even many, but not all of them.

    "or even many"? Wow, such a ringing endorsement. Wonder why techies are reluctant to sign up?

  55. I worked for them once. by Anonymous Coward · · Score: 0

    I still, apparently, apply for jobs in So cal. (near their offices, opposite coast for me) without being consultated. All that resume hording I guess is good for processing LCA's.

  56. IT=indian, and most of the criminals ar blacks// by user.aaaaa · · Score: 0

    coincidence??

  57. Re:get rid of the H-1B job lock and set a higher m by Anonymous Coward · · Score: 0

    wrong. there is a much higher unemployment rate in the actual areas with increased minimum wages than the areas that did not increase minimum wages. Shows at the city and county statistical levels. /s

  58. Re:get rid of the H-1B job lock and set a higher m by WillAffleckUW · · Score: 0

    First. I argue about economic statistics all the time with the local MSM that pretend unemployment is low (quite high in many parts of the state, and even the county, and even in the city for certain populations), but I also point out to them that the actual rate in the actual cities that did this IS MUCH LOWER.

    Which is backed up by the municipal, county, and state level statistics.

    Sorry your myth doesn't hold up. But raising minimum wage has only been shown to increase jobs. At least in the urban cities that have done it.

    I don't really care about how dysfunctional rural areas are, I grew up in them, there are frictions involved in employment there which do not exist in high tech cities at all.

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  59. Re: get rid of the H-1B job lock and set a higher by Anonymous Coward · · Score: 0

    Raising the minimum wage has never in its whole history resulted in a net loss of jobs. Ever.

    Sure, you get some over publicized right wing nut jobs who immediately fire people in a tantrum worthy of 2 year olds, but in total the minimum wage has been good for economies.

    Or, put another way, right wing economic theory is wrong. Again.

  60. Stupid American idiots... by Anonymous Coward · · Score: 0

    "An IT worker"
    "It's backing up its complaint"

    So which is it; an IT Worker, or some mythical "it"? Fucking idiots, you don't even remember what you wrote in the previous sentence!

  61. Re:get rid of the H-1B job lock and set a higher m by WillAffleckUW · · Score: 1

    Sorry, but actual drill down statistics in those areas show that in fact, the implementation of a higher minimum wage in those areas increase the literal number of jobs and decreased the literal unemployment rates.

    You're confusing the media practice of showing statewide unemployment totals (where the cities carry the weight for the slacker rural areas) and the countywide rates (where the cities carry the weight for the slacker suburban areas).

    Lots of help wanted signs in all the locations that actually implemented higher minimum wages. More than there used to be.

    So, in point of fact, increasing the min wage in the tech cities would actually force out H1-B imports, as there is no incentive to hire foreign workers over citizens, especially with an expanded job pool.

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  62. Gringo here. Can confirm. by Anonymous Coward · · Score: 5, Informative

    Worked with them at Motorola. All non-Indian contracts were not renewed. Friends who were employed by Motorola said we were replaced by them. Was very informative when on mandatory 50+ user HR training calls, the presenters had to be reminded to speak in English for the two non-Indians on the call. How do I know we were the only ones? They asked us to speak up if we needed english.

  63. Re:and people say unions are bad this is what happ by Anonymous Coward · · Score: 0

    > from where I'm from, union is so powerful that they could dictate the outcome of elections
    Are you from which part of Brazil?

  64. Re: and people say unions are bad this is what hap by rsilvergun · · Score: 2

    You've never belonged to a Union, have you? Go ask the AMA and the Bar how much Their dues are worth.

    --
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  65. immigration by technocrattobe · · Score: 1

    I wonder if anyone has insights on immigration status of h1b workers in light of these events?

  66. Re:get rid of the H-1B job lock and set a higher m by Anonymous Coward · · Score: 0

    Sorry, but actual drill down statistics in those areas show that in fact, the implementation of a higher minimum wage in those areas decrease the literal number of jobs and increased the literal unemployment rates.

    Lots of help wanted signs in all the locations that actually implemented lower minimum wages. More than there used to be.

    So, in point of fact, decreasing the min wage in the tech cities would actually force out H1-B imports, as there is no incentive to hire foreign workers over citizens, especially with an expanded job pool.

    Do you get it yet?

  67. Re:get rid of the H-1B job lock and set a higher m by tranquilidad · · Score: 2

    I suggest you give this paper (http://www.nber.org/papers/w12663.pdf) a read.

    This was published by the National Bureau of Economic Research and it was an analysis of the studies on the employment effects of minimum wages.

    From the abstract:

    A sizable majority of the studies surveyed in this monograph give a relatively consistent (although not always statistically
    significant) indication of negative employment effects of minimum wages. In addition, among the
    papers we view as providing the most credible evidence, almost all point to negative employment
    effects, both for the United States as well as for many other countries. Two other important conclusions
    emerge from our review. First, we see very few - if any - studies that provide convincing evidence
    of positive employment effects of minimum wages, especially from those studies that focus on the
    broader groups (rather than a narrow industry) for which the competitive model predicts disemployment
    effects. Second, the studies that focus on the least-skilled groups provide relatively overwhelming
    evidence of stronger disemployment effects for these groups.

  68. yeah, no shit by slashdice · · Score: 2

    Look at the top 10 H1B sponsors. Must be a coincidence that, in any given year, the majority of companies are based in India.

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  69. Re:get rid of the H-1B job lock and set a higher m by Anonymous Coward · · Score: 0

    Here are some stats from a different industry in Seattle and how it was affected by the minimum wage increase.

  70. Re: and people say unions are bad this is what hap by OhPlz · · Score: 2

    I was a member of the AFL-CIO, so, yes.. I have belonged to a union. I had no choice since to work at that company you had to join the union. Although we could opt out, we would still have had to pay dues, which is part of my reasoning that they really care a lot about dues and not much else. In fact, the only time we ever heard from them was when they were announcing that dues were rising. The only people in tech that I have ever heard talking about unions are those that barely hanging onto their jobs. The talented folks that can do the work can do a fine job negotiating wages and benefits and workplace safety and such all on their own.

  71. Re:get rid of the H-1B job lock and set a higher m by WillAffleckUW · · Score: 1

    nope. stats are national.

    look, I work with statisticians each and every day. you can keep pretending that, but it won't change that a higher minimum wage in the cities that passed it has actually DECREASED unemployment.

    Btw, stats like the ones you refer to are lagging indicators. Real economists do walk arounds, look for cars in parking lots (won't work in high tech cities, we are getting rid of cars), count help wanted signs, talk to specific businesses.

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  72. Website by Anonymous Coward · · Score: 0

    We need a website where people can context the LCA filings in an area where they live. All the LCA's have to be made public and in doing so there is a period that they "supposedly" listen to the impact the imported recruits have on an area. on a one by one basis a degreed American displaced by a imported worker can contest the filing. It would only take 60,000 people a year to combat all the filings.

  73. Re:get rid of the H-1B job lock and set a higher m by nobuddy · · Score: 2

    Easier- require the job be independently categorized (prevents high end programmers listed as "janitorial staff") and the pay rate has to be set at 150% of the current median pay for the area for a US worker in that position. And THEN they must list that job exactly as categorized for US workers to have the opportunity to apply for- reviewed by the H1b oversight to ensure if there are qualified applicants that they are made an offer at the 150% rate. THEN- if there are really no qualified US applicants- the oversight will review the qualifications of who they bring in and ensure they actually meet those requirements. if they are willing to accept a lesser applicant- they must review US applicants and see if any meet those lowered standards.

  74. Re:get rid of the H-1B job lock and set a higher m by nobuddy · · Score: 2

    It is not immediate, it is economic growth. Every time the minimum goes up the economy gets a boost which leads to more jobs. That growth stagnates and declines when inflation overtakes the gains. Inflation has shown NO change to its rate of growth in relation to minimum wage hikes. Ever. it grows whether or not wages keep up- but the economy suffers if wages do not keep up.
    http://www.dol.gov/minwage/myt...
    http://www.cepr.net/documents/...

  75. Re:get rid of the H-1B job lock and set a higher m by tlambert · · Score: 1

    But if you raise the minimum wage to say $15/hour like Seattle and other places, statistics show job growth of US citizens will increase and they will hire more Americans to work!

    Citation needed. Preferably one with a post-analysis of the Seattle job market, with another graph showing impact (if any) on number of small businesses in the immediate area.

  76. Re:and people say unions are bad this is what happ by tlambert · · Score: 2

    way to stereotype all unions there. While some, or even many, but not all of them.

    So.... #NotAllUnions ???

  77. Stupidest zombie movie ever. by tlambert · · Score: 1

    Thats the thing though, there is no cliff, just a pile of people all trying to climb to the top.

    Stupidest zombie movie ever. Seriously.

  78. Re: get rid of the H-1B job lock and set a higher by Anonymous Coward · · Score: 0

    The literature is mixed on minimum wage rise effects on total job numbers, but in general job losses have been small to none. Most "natural experiments" are small increases in the minimum wage, so perhaps it is not surprising that the measurable effects have been small.

    But what should be kept in mind is that total number of jobs is only one factor. For example, a company facing higher salary costs may cut back on non-wage benefits (such as sick/vacation, uniform costs, free food, etc.).

    Also the comany may hire a different kind of person for the same job, one who is more productive and reliable. This may not show up in total job numbers, but may show up in higher youth unemployment rates and lower labor force participation rates.

    For a great analysis of the minimum wage literature, see this paper.

  79. Re:get rid of the H-1B job lock and set a higher m by WillAffleckUW · · Score: 1

    But if you raise the minimum wage to say $15/hour like Seattle and other places, statistics show job growth of US citizens will increase and they will hire more Americans to work!

    Citation needed. Preferably one with a post-analysis of the Seattle job market, with another graph showing impact (if any) on number of small businesses in the immediate area.

    Read The Fine Manual (it's all online, various articles in Seattle Times, ignore the state numbers, read the last 2-3 paras which cover King County and Seattle)

    Seriously, do you guys not grok the 100 Gbps Internet 2 or something?

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  80. Re:get rid of the H-1B job lock and set a higher m by Anonymous Coward · · Score: 0

    All of which has probably in spite of the increased minimum wage not because of it. In areas where the labor supply is tight, salaries increase in order for firms to get the most qualified candidates. It's simple "supply and demand". Of course, those businesses are also passing their costs along to their customers where possible too. In areas where the labor supply isn't tight, a higher minimum wage will often result in higher youth unemployment because if a business is going to have to pay an artificially high wage for a skill, they're going to go with someone with experience.

  81. Re:get rid of the H-1B job lock and set a higher m by WillAffleckUW · · Score: 1

    Wrong. Much discussion of this among economic circles, and back and forth analysis. Turns out the underlying concept that higher minimum wage "must" create more unemployment is an artifact of the labor as machine 18th century argument, and has little to do with how modern hollowed-out societies function.

    Look, I know you're upset, but facts don't care about your theories.

    Adapt. Because there are no other choices.

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  82. You can sue them? by Livius · · Score: 2

    This is Tata's entire business model. They don't even try to be subtle.

  83. Re:get rid of the H-1B job lock and set a higher m by ShanghaiBill · · Score: 1

    Every time the minimum goes up the economy gets a boost which leads to more jobs.

    You say this, and then you provide citations with say the opposite. From your own citation: A review of 64 studies on minimum wage increases found no discernable effect on employment.

    "No discrenable effect" is not "a boost which leads to more jobs".

  84. Re:and people say unions are bad this is what happ by Mr.+Freeman · · Score: 2

    Oh bullshit. If there's no right to employment then how do we have the responsibility to pay in order to live? You can either give people a right to employment and a right to be able to support themselves, or you have to give people a responsibility to pay for those who are denied work. You can't have it both ways. I prefer the former, although there are arguments for the latter as well. But this attitude that we can refuse to employ people and then get upset when they can't afford to live is just asinine.

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  85. Re:and people say unions are bad this is what happ by Anonymous Coward · · Score: 0

    Actually, the NFLPA is a joke with no meaningful power. In the NFL, the owners have all the power and get whatever they want. The MLBPA is the only one of the professional athlete unions in the USA with any real pull. The NBPA and NHLPA are somewhere in the middle.

  86. Re:get rid of the H-1B job lock and set a higher m by tranquilidad · · Score: 1

    Now we've gone from the low-information voter to the ignore-information voter.

    This isn't a minimum wage study, it's an analysis of the minimum wage studies that were published. They list the studies they analyzed at the end of the paper.

    The first 12 studies listed are federal and state.

    Most of the studies appear to implicate state studies and there are some that are city-level studies.

    The second-to-last listed was for Oregon and Washington. They studied want-ads for eating and drinking workers and hotel and lodging workers. They found that the change in want-ads were negative and significant for all restaurant jobs except cooks (an arguably skilled work set) and for hotel housekeepers. I'm guessing that looking at want-ads is similar to counting help wanted signs.

  87. Re:and people say unions are bad this is what happ by Anonymous Coward · · Score: 0

    Australia?

  88. Re: and people say unions are bad this is what hap by Anonymous Coward · · Score: 1

    The talented folks that can do the work can do a fine job negotiating wages and benefits and workplace safety and such all on their own.

    Yeah fuck those average people, the only people that matter are the people at the top.

  89. Re:and people say unions are bad this is what happ by Registered+Coward+v2 · · Score: 2

    However, workers can undertake actions to increase their bargaining power and thus wages, as can any other supplier. [...] is no different than any economic transaction

    It is different, because of the official governmental support worker-unions enjoy — instead of being treated with the anti-trust laws, like any other entity working to raise the prices of what its members are selling.

    Except, unlike a group of producers acting in concert to exert market power; an employer still has many other options for labor. They can outsource, refuse to sign a contract and bring in replacements, move to another non-union location; unlike a monopoly where there is no other source of the product. Granted, those are not easy things to do but hey still are viable competitors to a union workforce. The government has intervened in the workplace in many ways, sometimes to the workers favor (unions, labor laws) and other times to the employers (non-competes, right to work laws,letting bankruptcy abrogate contracts and pension liabilities).

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  90. It's about more than immagration by sirwired · · Score: 1

    Firstly, nobody is prosecuted for discrimination. Discrimination is not enforced by criminal law; it's enforced by civil ones. You are sued, not prosecuted, for violating them.

    Please go back in time, and ask black Americans their view on the matter before such practices were outlawed. Ask some women how harmless it is to get paid less than men for the same job.

    By no means are things hunky-dory today, but they are indisputably much better than they used to be. You certainly can't change attitudes through laws, but when attitudes keep people from wanting to do the right thing, laws certainly nudge them to do it anyway.

    If you are an immigrant, you are going to choose a place because it's less-bad than the one you came from. That doesn't mean that they deserve to be taken advantage of simply because it's possible. I'm pretty sure that if those Indians in Dubai could find a job in say, Europe, doing the same work for the same pay, they'd certainly choose to go there.

  91. Re: and people say unions are bad this is what hap by Anonymous Coward · · Score: 0

    Go ask the AMA and the Bar how much Their dues are worth.

    The AMA and ABA are guilds, not unions. Their membership requires more than being able to fog a mirror on a cold day.

  92. Re:Isn't Cheaper, the American Dream - for Co. by gabrieltss · · Score: 5, Insightful

    For Companies yes. That is why they want more H1-B's to drive wages down to slave wages an help line the pockets of executives. I think companies should have to pay monetary penalties for every H1-B they hire.

    My last company I was asked to help my boss write a job description targeted to a specific persons resume - it was a person from India with an H1-B. The person was "submitted" by another person in the company that was an H1-B. I informed my boss that by law he had to look for an American Candidate first. He told me that if an American candidate fit the job description he would hire them. When the job description is tailored to a specific persons resume the chances of someone else fitting it are slim. Been there, done that. I told my boss I could not with a clear conscious help him do something so underhanded. I immediately started looking for another job and found one and started my new job within 4 weeks. I couldn't work for a slimy company like that. Granted anymore, just about every company is becoming slimy.....

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  93. Re:get rid of the H-1B job lock and set a higher m by WillAffleckUW · · Score: 1

    And thus the large increase in help wanted signs is a unicorn.

    Right.

    Keep telling yourself that.

    While we crush your failed economic policies.

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  94. Re:and people say unions are bad this is what happ by Qzukk · · Score: 1

    They can outsource, refuse to sign a contract and bring in replacements, move to another non-union location

    That's too much work, they'd rather sign the contract, then have the right wing fall all over themselves to scream about how horrible the bank^Wlabor unions are for forcing poor widdle homeow^Wemployers into signing contracts they can't afford/can't understand/whatever the excuse is this time.

    Especially since by the time the contract has been found to be "too expensive" the guy who signed it has already taken his gold parachute and jumped.

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  95. Re:get rid of the H-1B job lock and set a higher m by tlambert · · Score: 1

    Read The Fine Manual (it's all online, various articles in Seattle Times, ignore the state numbers, read the last 2-3 paras which cover King County and Seattle)

    Seriously, do you guys not grok the 100 Gbps Internet 2 or something?

    Sure we grok it. Do you not grok the idea that if you are not pulling numbers out of your ass, then you probably have the reference material right in front of you, and can therefore paste the information a hell of a lot easier than having us go looking for supporting numbers for your made up statistics for you?

  96. Direct experience of this one by Anonymous Coward · · Score: 0

    I was a local contractor working for Tata in a role that the client required an local national in for security vetting requirements. The entire time they had the contract to supply, the Tata account people chipped away at that requirement trying to find ways around it because they repeatedly told the client and local staff we were too expensive in comparison to some indian labour. I also know they paid their onshored staff a percentage of their wage back in india to avoid local taxation being too heavy. There was even circulars telling staff how to use this split to qualify for low wage benefits and other state help. HR processes were a complete joke, but mostly they tried to leave us out the local caste structure they established and away from the HR. Wage negotiations were extremely fraught, with 5000 people accidentally getting spreadsheets emailed to them of everyones rates. Things like that create enormous problems in a organization with experienced contractors, its nobody elses business what I negotiate, and suddenly someone in your team starts to deal with you in an offish way because they negotiated more poorly, then you find out HR mailed your full invoice details to half of mumbai yet again. We had absolutely no steer in who was hired or fired for our areas and officially I was team lead. Sometimes I wonder if some of the admin roles which didnt require this clearance were staffed by the most incompetant people they had just to make us look bad so they could ship their own cheaper local version in. Experience on resumes and titles were a joke and could not be relied on.
      4 years later the tide turned on the arrangement and lack of delivery in some areas, and they lost the contract to supply. Now I work direct for the client. Along with a few other people who stood out enough to matter. Some of them indians who worked well, I have no quibble with that, nationality, sex and accident of birth location does not play a part in deciding how well you can do something.
    Would I work for them again? money is money. Would I ever get the chance? no, not unless some tiny niche local requirement FORCED them to hire me.
    All the accusations in this are true. I wont hold my breath it will suceed however. Money talks, and a lot of money is backing the whole offshore/nearshore/inshore industry.

  97. Hahaha bande de crisse de tata by Anonymous Coward · · Score: 0

    [n/t]

  98. Re:and people say unions are bad this is what happ by Pfhorrest · · Score: 1

    Or we could stop charging people to live. (read: stop allowing those who hold all the cards to charge others to live, or at least, stop enabling their ability to do so).

    I make about the mean US wage and consume very comfortably, and if it weren't for rents I have to pay and money I have to save as quickly as possible if I ever want to stop paying those rents, I could continue consuming at that level for around a full time minimum wage, or working half days at the median wage, or two hours a day at my wage.

    An average (mean) American like me has to work about four times as much as I need to just to pay for quite comfortable consumption, just because so few people control all the assets and the rest of us have to spend our income renting those assets and struggling (if we're lucky) to stop renting them.

    It's just adding insult to injury that about half of Americans make half or less of that average. (The median is about half the mean).

    Fix both of those problems (make mean and median income coincide, and get the assets like housing distributed so that the people who actually use them actually own them and don't have to borrow them from others at a fee) and we could all be living very comfortable lives of luxury very easily.

    --
    -Forrest Cameranesi, Geek of all Trades
    "I am Sam. Sam I am. I do not like trolls, flames, or spam."
  99. Re:and people say unions are bad this is what happ by Pfhorrest · · Score: 1

    Oh and I guess I forgot to tie it back in to the topic at hand: the average person only needed to work two hours a day to live a comfortable lifestyle, there'd be a lot more need for more people working the rest of the day to keep up productivity, labor would be more in demand, and more people would be employed for the few hours a day they'd need to get by, so there wouldn't really be the need to worry about either a right to employment or a right to welfare because work would be plentiful and easily cover one's own needs.

    --
    -Forrest Cameranesi, Geek of all Trades
    "I am Sam. Sam I am. I do not like trolls, flames, or spam."
  100. Re:get rid of the H-1B job lock and set a higher m by WillAffleckUW · · Score: 0

    Lol. Do you not get that I spend a lot of time talking with economists and financial experts around the world?

    I already told you where to look. The fact that you're too lazy to, tells me that you're just trying to fit things into your incorrect failed notions of how the world works.

    The world cares nothing for your ancient religions.

    --
    -- Tigger warning: This post may contain tiggers! --
  101. Re:get rid of the H-1B job lock and set a higher m by ShanghaiBill · · Score: 1

    And thus the large increase in help wanted signs is a unicorn.

    Even if this "large increase" existed, it would not be evidence of causality. But the city leaders say there has been little impact on jobs: City manager Todd Cutts says there has been no impact on sales tax or property tax, and no change in the number of business licenses issued. ... “We’re not seeing the big benefits that proponents said we would because so few people are affected,” said Guppy. “And at the same time, it’s not having a ripple effect through the economy. It just affects so few jobs, it’s not having much impact.”

  102. Union's.... by who_stole_my_kidneys · · Score: 1

    As much as most of us would like to fight it , at some point the US will not have any other choice but to Unionize IT workers. This is basically the same as what happened to labors, they were working long hours for low pay, and replaced by cheaper labor. This is exactly what is happening with H1B's , cheaper labor is forcing Americans to take lower wages for the same work.

  103. Being Different Means Woshiping Idols, you know by Anonymous Coward · · Score: 0

    For all the technological, social, cultural developments over the centuries, there is a basic fact that no one wants to address. This is a society that believes that every birth is a rebirth.

    1.From their perspective, every white American is a reincarnated Raj era Brit in another meat puppet.

    2. America has replaced the British Empire as the role of oppressor.

    3. As with all societies outside the West, history never dies.

    Conclusion: Whatever it takes to put the gaura out of a job.

  104. Someone is going to crack by Anonymous Coward · · Score: 0

    Anyone who believes that the last rebirth before moksha looks like one of them is perhaps the best definition of racist i.e. superior by reason of being born with certain immutable characteristics into certain religions.

    What? Reborn a Nasrani? Looks like Desi but Christian. Oh, well, perhaps one more rebirth as a Brahmin, then moksha!

  105. Re:get rid of the H-1B job lock and set a higher m by Anonymous Coward · · Score: 0

    Real economists do walk arounds, look for cars in parking lots (won't work in high tech cities, we are getting rid of cars), count help wanted signs, talk to specific businesses.

    So that's why Bernanke (and now Yellin) think things are improving... they walk around the parking log before their Congressional meetings, and it's full of limousines and expensive cars, there's no help wanted signs on the Congressional bulletin board, and nobody in Congress sees a problem either. Now that's a *real* economist! :rolling my eyes:

  106. Re: and people say unions are bad this is what hap by OhPlz · · Score: 1

    Yeah fuck those average people, the only people that matter are the people at the top.

    You believe that people who can't do the work they were hired to do deserve just as much money as the company's competent employees earn?

  107. Re: get rid of the H-1B job lock and set a higher by Anonymous Coward · · Score: 0

    No citations..? Then all you're doing is pulling numbers out of your ass. You can believe me too... I speak with the Pope on a daily basis so there is no reason for me not to be believed.

    See how that works...?

  108. International Bank Outsourcing Security to Tata by Anonymous Coward · · Score: 0

    I wonder what Federal regulators will do when they find that international banks are gutting their domestic staff and outsourcing IT security to Tata and others in India. Seems a hinky to me - what laws protect confidential information in India?

  109. Re: and people say unions are bad this is what hap by rsilvergun · · Score: 1

    False equivalency is False

    --
    Hi! I make Firefox Plug-ins. Check 'em out @ https://addons.mozilla.org/en-US/firefox/addon/youtube-mp3-podcaster/
  110. Re: and people say unions are bad this is what hap by rsilvergun · · Score: 1
    From Wikipedia:

    The AFL-CIO was a major component of the New Deal Coalition that dominated politics into the mid-1960s.[8] Although it has lost membership, finances, and political clout since 1970, it remains a major player on the liberal side of national politics, with a great deal of activity in lobbying, coordinating with other liberal organizations, fund-raising, and recruiting and supporting candidates around the country.

    If you haven't heard anything from them it's because you haven't been listening. They are very active on workers rights.

    And there's two sides to the coin. Why should you benefit from their hard work campaigning for higher wages without contributing to the fight? Read up a little bit about the history of the American Work pre-Unions. What was the phrase? Nasty, brutish and short.

    --
    Hi! I make Firefox Plug-ins. Check 'em out @ https://addons.mozilla.org/en-US/firefox/addon/youtube-mp3-podcaster/
  111. Discrimination or Religious Freedom? by Anonymous Coward · · Score: 0

    Tata Consultancy Services ought to move to Indiana, where the "Religious Freedom Restoration Act" permits them to discriminate against white American IT workers: TCS merely has to claim that it would "substantially burden the exercise of their religion" to hire anyone outside the Brahmin and Kshatriya castes.

  112. Re:get rid of the H-1B job lock and set a higher m by tlambert · · Score: 1

    OK I've read "various articles in the Seattle Times.

    I read the one about the state auditor being indicted.

    I read the one about the infant getting shot in the head in Kent in a drive-by.

    I read the one about the whooping cough outbreak (which erroneously claims that herd immunity for Pertussis is mathematically even possible, given the diseases R(0) would require 94-96% immunization, and all unimmunized persons be uniformly distributed throughout the population.

    I read the one about Shawn Kemp co-hosting a party because Thunder missed the playoffs.

    None of these "various articles in the Seattle Times" supported your position.

    Link one supporting article from the Seattle Times which is a post-analysis of the job market following the minimum wage being raised. I'll waive the numbers on the small businesses which have gone out of business over the minimum wage being raised (for now).

  113. Re:and people say unions are bad this is what happ by Anonymous Coward · · Score: 0

    So instead of being barred from work because you're not Indian, you can be barred form work because you're not part of the union already?

    Or has the incestuous idea of only hiring union workers died out?

  114. Have a friend who had a similar experience by Sycraft-fu · · Score: 1

    He decided to become an independent contractor, mostly because he was having so much trouble finding a job during the last big recession. He finally got a job as a contractor to a contractor basically. This firm is your typical contract programming shop, and they would contract to him, didn't bring him on full time. He's American, of Pacific Islander descent (native Hawaiian) the company is mostly Indian.

    He continually faced a culture of "You can't know very much, you aren't Indian." Not stated outright, of course, but that attitude. He'd have Indian guys glommed on to a project he was doing who were utterly unhelpful, he'd consistently be the second or third choice, after Indian programmers had failed to be able to solve a problem, and so on. All the while he was kept contract.

    Well, he's actually a really talented guy and got a really good reputation with the clients since he would deliver work on time, and as promised, and the rest of the consulting company was not so good at that. He ended up just getting more and more contracts on his own. Finally they realized what they were losing and tried to hire him full time, for an insultingly low figure, and he said no. Now they still bother him with jobs they want him to do from time to time, but he's booked solid, and not very interested in them.

  115. Re:Isn't Cheaper, the American Dream - for Co. by Anonymous Coward · · Score: 0

    With respect, companys are not slimy. Companys are nothing but legal entities. The people that lead companys/organisations, that influence and/or give effect to the organisation's culture are the ones at fault, along with every individual that enables that culture, through action or inaction.

    Thankfully some, like yourself, don't.

    However, as soon as we allow ourselves to think of companys or organisations as entities with their own independent values and cultures we absolve every individual that acts in a manner that is at odds with our expections from culpability.

  116. Re:get rid of the H-1B job lock and set a higher m by khellendros1984 · · Score: 1

    Lol. Do you not get that I spend a lot of time talking with economists and financial experts around the world?

    I think that there are a few problems that people have with your statements, and it doesn't have anything to do with whether they're true or not.

    First, that bit that I quoted is a logical fallacy usually called Argument from Authority.

    Second, you are making a lot of claims without providing evidence. Since you are making the claims, the burden of proof falls on you; you don't get to dismiss the counterarguments that others have posted (often with backing evidence, like links to studies and papers) since you haven't provided anything to counter them aside from unsupported assertions.

    Seriously, do you guys not grok the 100 Gbps Internet 2 or something?

    I think we do. Part of the point is that it's wonderfully easy to link to information, since you seem to have it available in abundance. Personally, I'm completely ignorant of the Seattle area. I'm sure that I could find some kind of information about the situation up there, since I'm fairly handy with a search engine; I don't know if it would reflect reality though, or if I'd just find the mouthpiece of someone with an agenda besides truth.

    Just for the sake of being clear though: I don't think you're trying to persuade anyone of anything. I think you're just trying to make a lot of noise and see how many people you can hook with a troll line. Congrats; you seem to have a good catch.

    --
    It is pitch black. You are likely to be eaten by a grue.
  117. Turkey voting for Christmas by Anonymous Coward · · Score: 0

    It's sort of sad to hear a turkey arguing that Christmas is a good thing.

  118. Tata notorious bad by Anonymous Coward · · Score: 0

    Just search for "Tata" on Quora for pages full of their failures.

  119. Re: get rid of the H-1B job lock and set a higher by Anonymous Coward · · Score: 0

    Statistically speaking, emotionally charged arguments have a high probability of being false.

  120. Re:Isn't Cheaper, the American Dream - for Co. by meta-monkey · · Score: 1

    Thank you for your integrity.

    --
    We don't have a state-run media we have a media-run state.
  121. Re:and people say unions are bad this is what happ by Anonymous Coward · · Score: 0

    Except, unlike a group of producers acting in concert to exert market power; an employer still has many other options for labor. They can outsource, refuse to sign a contract and bring in replacements, move to another non-union location

    Tell that to the auto-makers, who wanted to do exactly those things.
    How many of them are bankrupt and/or being bought-up by foreign car companies?

  122. Re:and people say unions are bad this is what happ by Anonymous Coward · · Score: 0

    Unions have their problems. Fair enough.

    I pose to you this:

    Is a union shop, even at is most dysfunctional, better or worse than it's opposite? - A world where unionization is outright illegal.

    Look at walmart. Largest employer in the US and it's entire workforce is literally the working poor. Part time, minimum wage, no benefits. An existence that's both demeaning and demoralizing. (Ever read that article about the phone sex operator that said her job was orders of magnitude less demeaning that working part time service industry? Just go to your local Walmart and look at the employee's. Look at the sad, empty eyes that have had the spark of life beaten out of them.)

    An existence of just scraping by so the Waltons can sell cheap chinese substandard products to the US. That's the reward you get for working for one of the biggest companies in the US.

    And we've got it good now. Just look in to your history books back when we didn't have the force of law to prevent, say, a company from hiring a private militia to harass/imprison/murder labor organizers. (Pinkertons. It was in your high school text book, or did you skip that day?)

  123. "We're not hiring any Americans" by Stubbyfingers · · Score: 1

    It wasn't TATA, but another consulting firm about 2005. They placed an ad for consultants who coded in COBOL, knew DB2, etc. Standard business programmer at the time. I thought it was strange that they were advertising in a weekly local supermarket ad rag instead of the local or regional newspapers.

    I applied and through a bit of investigation found a phone number to follow up my application and resume.

    The guy BLATANTLY told me "We're not hiring any Americans".

    I was understandably angry. SO, then I went to their building, which was only about 5 miles from my house. (DUDE, even if the basic job SUCKED, that commute would have been worth it) and EVERY single person going in or out was Indian. I don't mind them. It's the fact that they turned their office into an H-1B only club.

    I did file a complaint with the Employment Commission, but it went nowhere of course.

  124. Re: and people say unions are bad this is what hap by OhPlz · · Score: 1

    I don't plan on working in the historical time before unions. I also don't agree with using dues to push political agendas. It's no wonder they're losing members and money. The teamsters hit this head on when they tried to unionize the southern auto workers. The workers didn't see any value in unionizing and instead felt that it would be a bad thing for themselves and the company.

  125. Learn to eat your/our own dog food? by Anonymous Coward · · Score: 0

    Well?

  126. Cohen & Grigsby youtube video by Anonymous Coward · · Score: 0

    Go to youtube, search for COhen & Grigsby.

    They're blatant about showing you how they scam the system.

  127. Re:and people say unions are bad this is what happ by Anonymous Coward · · Score: 0

    The claim that there is no right to work is also inconsistent with the highest law in the land, the Bill of Rights, which allows for unspecified rights "retained by" or "reserved to" the people to be asserted under the 9th and 10th Amendments. The Bill of Rights was set up (to be open ended like this) by James Madison to deal with the argument made by the anti-Federalists that any Bill of Rights would be incomplete.

    In short, if we the people decide that there is a right to work -- and you've made a compelling argument to that effect -- then there is one. Like all rights, this one will have limits, and we need to decide what those limits are.

  128. What Is Your Caste? by NewYork · · Score: 1

    If you meet anybody from India ask him "What Is Your Caste?" If he answers it, then he has already injected Cancer into your society;
    http://www.dailymail.co.uk/new...

  129. Since most corporates hire H1B by NewYork · · Score: 1

    Impose tax on corporate revenues, not profits;
    https://petitions.whitehouse.g...

  130. It's ok when they're better by chiguy · · Score: 1

    Being against H-1B abuse is not (always) about race. It's about abuse.

    In tech, I've worked with many Indians and they are a mixed bag. Just like Americans and any other group.

    Just because you were born in some country and don't speak English doesn't make you less intelligent. There are plenty of Nobel prize winners who don't speak English, but if they were to come over to the US and try to navigate the healthcare system they'd probably be labeled slow.

    Point being, I've met lots of really bright Indians, the ones I hope to work with again.

    And I believe in the H-1B program for it's original purpose, bringing the truly gifted with special skills to the US. We need the ability to do that as a country.

    Unfortunately it was first being abused to drive down wages in tech. But now, it's just being used to stuff companies with Indians and crowding out American workers. H-1B's in tech in the SF bay area, the one's I've known, get paid well so it's not that much cheaper to hire them. It's bringing in more people who have the same cultural background. For small companies, I have a practical view of that. But for billion dollar corporations, I would bring down the hammer. That's not the American way.

    To stem the abuse they should require a greater burden of the companies:
    1) Prove that the skill required isn't just not available, but untrainable. If you don't hire Americans, then Americans will never develop the skill. Java is not a unique untrainable skill. A particular Java library is not a unique untrainable skill, even if I've never used it before.
    2) Prove that the person you're hiring has the required skill
    3) If it's so rare, pay this person 125% of prevailing wages for having that skill. This also gives reasonable motivation to train a local.
    4) Open an anonymous whistleblower line with monetary incentive for successful prosecution and settlements

    If Facebook, Google, Apple, etc really want Americans to go into STEM, give Americans opportunities. That's how motivate them. Give them role models, people they know who work in technology and can mentor them. If you don't hire Americans, there will be no American mentors.

    What these companies who want to increase H-1Bs and STEM education are really trying to do is reduce labor costs by increasing the labor pool. There are way too many STEM grads in the US now. Labor shortages should drive wages higher, but wages have been stagnant for years.

    --
    passetspike!