TCS is currently embroiled in a possible class action suit by an American employee for discrimination against Americans in its hiring practices. Infosys also faces similar lawsuits, where a majority of the workforce is from South Asia. These workers are present on H-1B and L-1 visas.
A few years back, TCS fired Brian Buchanan from his position. He was among many American workers who lost their jobs at the time. But TCS asked them to remain for a few months and train their replacements. And this situation irked many employees like him. He also claimed that after this event happened, he attended a job fair. But the hiring manager did not acknowledge Brian’s attempt in applying for a position. So he filed a lawsuit against the company for discriminating against white American people. The plaintiffs are curious as to why the labor in TCS is predominantly South Asian when the rest of the American market is not.
At the moment, US judge Yvonne Gonzalez has taken the case under submission instead of dismissing it outright. She did not find the evidence, that TCS discriminates against white Americans satisfactory. She asked the defendant’s lawyers to present their evidence to the jury. Gonzalez also added that it was up to the jury to decide whether the evidence is up to the mark. The ruling did not classify the suit as a class action one or otherwise.
TCS defends its stance to use visas
TCS maintains that they do not abuse the H-1B and L-1 visas to edge out American workers. The defendant also claims that it is unfair to include Indians in the statistics regarding its ‘South Asian’ workforce. In an unusual segue, TCS also disclosed that more than 40 percent of the applicants were South Asian despite willing to offer jobs to Americans. Additionally, the defendant insisted that many ‘other’ applicants are not interested to relocate for employment.
Things look bright for TCS and other technology companies as suits against racial discrimination lose their momentum. Indians for example, have nothing to worry about yet.