December 13, 2013
Contact: Donna Conroy, Director
773-764-5865

Class Action Discrimination Complaint Against Infosys Just the Tip of the Iceberg

(Chicago-IL)  A proposed federal class action suit charging Infosys Technologies with national origin discrimination was applauded today by Bright Future Jobs, a high-tech professional group addressing this hidden form of employment discrimination in high-tech jobs.  The lawsuit alleges that Infosys, a multinational IT services company with headquarters in India, has hiring policies and conduct that discriminates against workers of American or non-South Asian national origin, in violation of Title VII law.

"Tech companies claim they can’t find Americans to fill U.S jobs, when, in fact, they are rejecting talented Americans—as this lawsuit alleges,” said Conroy, director of Bright Future Jobs. "Ms. Koehler's experience is not unique.  Our members routinely report similar stories of combative technical interviews, clearly designed to disqualify high-skilled, proven technical performers."

The suit alleges Brenda Koehler, a VMware Certified Professional network engineer with a Master’s in Information Systems, was denied a Lead VMware/Windows Administrator position at Infosys.  Court documents state that during the interview, “Infosys’s representatives spent a considerable amount of time asking about other subjects, including DNS and Active Directory.”  Following her in depth answers regarding DNS and Active Directory subjects, one of the Infosys interviewers, “sighed and stated (incorrectly) that Ms. Koehler had no Active Directory experience.”  The suit alleges "after Ms. Koehler was rejected, Infosys continued to interview candidates for the position for a period of nearly two months" and "ultimately hired an individual of South Asian descent."

"Tech companies claim they can’t find Americans to fill U.S jobs, when, in fact, they are rejecting talented Americans—as this lawsuit alleges,” said Conroy, director of Bright Future Jobs.  "Ms. Koehler's experience is not unique.  Our members routinely report similar stories of combative technical interviews, clearly designed to disqualify high-skilled, proven technical performers."

Court documents also state that, "A former Infosys employee who worked in human resources – Linda Manning – testified that approximately 90 percent of Infosys’s employees in the United States are foreign-national workers and the vast majority of those workers are of Indian national origin."

The suit alleges, “Infosys has engaged in a pattern and practice of discriminating against individuals who are American-born or not of South Asian national origin by: (a) filling a disproportionately large percentage of its work force with individuals of South Asian national origin who are brought to the United States on either H-1B or B-1 visas even when there are qualified individuals available in the United States and (b) knowingly and intentionally favoring individuals who are of South Asian national origin even in “local” hiring.”

Discrimination in Want Ads
Some companies don’t even give Americans a chance to apply by posting openly discriminatory want ads on U.S. job sites that exclude Americans for high-tech job openings.  A report issued by Bright Future Jobs in July 2012, “No Americans Need Apply,” analyzed 100 of these want ads and found they involved multiple legal violations of discrimination law for a U.S. citizen job applicant who is bypassed based on his or her national origin.

"Employment discrimination is a widespread problem in technology--it's not just national origin discrimination. Technical professionals also face race, gender, and age discrimination. Companies even discriminate against military vets," explained Conroy. "It’s clear that high-tech recruiting in the U.S. needs an extreme make-over.  Only then will they be able to recognize—and hire—talented Americans whom are enriching our nation by working in technology jobs and fueling innovation right here in the USA."

If you suspect you have been denied employment by Infosys due to discrimination on the basis of national origin, please contact attorney Michael Brown at Peterson, Berk & Cross SC.


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