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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.
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.
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!
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.
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.
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...
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.