Suit Claims IT Firm Hires, Promotes 'Grossly Disproportionate' Number of South Asians
The suit alleges a "systematic, company-wide, pattern" at HCL Technologies of discrimination in favor of employees of South Asian ancestry.
August 16, 2018 at 06:34 PM
3 minute read
|
HCL Technologies Ltd., an information technology outsourcing firm based in India with U.S. headquarters in Sunnyvale, California, faces a lawsuit claiming that the company favors South Asians in its hiring and promotion practices.
The class action complaint filed Wednesday in the U.S. District Court for the Northern District of California claims that at least 70 percent of HCL's U.S.-based workforce is South Asian, primarily from India. That percentage, according to the lawsuit, greatly outpaces the number of people of South Asian ancestry in the U.S. population (1 to 2 percent) and the U.S. IT workforce (about 12 percent).
“This grossly disproportionate workforce is the result of HCL's intentional pattern and practice of employment discrimination against individuals who are not South Asian, including discrimination in hiring, promotion, and termination decisions,” wrote plaintiffs attorney Daniel Low of Kotchen & Low in Washington, D.C.
Low, who has pursued similar claims against Indian multinationals Infosys Technologies and Tata Consultancy Services Ltd., said by email Thursday that he learned about HCL's practices while litigating one of the other cases.
The lawsuit was brought on behalf of Reese Voll, a Texas resident who previously worked for HCL on a team tasked with revamping the technology infrastructure for PepsiCo. Voll claims that though he had been promised when hired that he would work on accounts besides Pepsi's, he was instead placed on an unallocated status, or “benched” in the parlance of HCL, after wrapping up his Pepsi work. Per company policy, after 30 days on the bench, he was let go. He claims that he hasn't been hired back to any of the multiple positions for which he's applied.
According to the lawsuit, HCL has a “a systematic, company-wide, pattern” of discriminating in favor of South Asian workers located overseas, securing H-1B and L-1 visas and then prioritizing their use to staff U.S. positions. The suit also claims that HCL seeks out and prefers South Asians tech workers already residing in the United States by relying on a network of South Asian recruiters. The suit also claims that the company promotes South Asians at a disproportionate rate and is more likely to fire non-South Asians.
The suit seeks to certify a class of “all individuals who are not of South Asian race” who applied for HCL jobs in the U.S. and weren't hired, as well as those who were employed by HCL and passed over for promotions or were fired.
A representative for the company did not respond to messages Thursday.
Read the complaint:
|This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllIn Lawsuit, Ex-Google Employee Says Company’s Layoffs Targeted Parents and Others on Leave
6 minute readMorrison & Foerster Doles Out Year-End and Special Bonuses, Raises Base Compensation for Associates
Trending Stories
- 1Call for Nominations: Elite Trial Lawyers 2025
- 2Senate Judiciary Dems Release Report on Supreme Court Ethics
- 3Senate Confirms Last 2 of Biden's California Judicial Nominees
- 4Morrison & Foerster Doles Out Year-End and Special Bonuses, Raises Base Compensation for Associates
- 5Tom Girardi to Surrender to Federal Authorities on Jan. 7
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250