IBM's Posts Discriminatory Want Ads; Now under 2-yr Monitoring by DOJ

Discrimination against American technical professionals--for job openings on U.S. soil--is widespread but hidden from the American public. The Department of Justice (DOJ) caught IBM red-handed, placing want ads that discriminated against U.S. citizens and green card holders.  While this was widely covered, the story hasn't gained momentum largely due to IBM's press spokesman's "non-comment."

It's clear that tech companies like IBM don't want you to know they brazenly break EEO laws.  They cover these white-collar crimes up by falsely accusing Americans of all stripes and flavors:

  • Experienced, highly-skilled performers are too old
  • New grads are too inexperienced
  • Women, Blacks and Hispanics aren't "smart enough" to major in these fields
  • Our public schools can't teach
  • Our universities can't graduate enough STEM students

The worst part?  We believe them and we blame each other, never knowing that white collar crimes--in recruiting and hiring--are being committed against us.

Yes, you've been lied to and betrayed. Will you share this page so we stop blaming each other and fix these hiring practices?


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Class Action Discrimination Complaint

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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Tech companies lose first round; Senate keeps protections for Americans seeking jobs on US soil

There's lots of confusion about the new H1-b provisions.  Not surprising since the secret--that companies can fill jobs on US soil without ever considering a qualified US worker--is still hidden. The new provisions currently fix this legal bypass.

So here's the Gang of Eight's H1-b provisions:

  1. all companies must post the job opening on the Department of Labor's website to allow Americans to apply.
  2. all companies must offer the job opening to any American whom meets or exceeds the job requirements.
  3. H1-b dependent companies must also make "good faith steps to recruit, in the United States using procedures that meet industry-wide standards and offering compensation that is at least" what companies would pay H1-b visa holders.

This Wall Street Journal article explains behind the scenes fighting, but if you crave the details continue reading.

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Tech companies reveal their cards

Tech companies have revealed their cards: they don't ever want to look at an application from an American for their job openings on US soil.  This is how jobs are shunted away from Americans and entire technical fields are being cordoned off from American workers.

NO-HELP-WANTED-A.jpgThis is just brazen employment discrimination against talented Americans who are qualified for top-dollar, white-collar jobs in tech, education, finance, marketing and law.  Senators on the Judiciary Committee now know this.  So now does the media.  Even the AFL-CIO is now championing the cause that we have always pushed for: a crack at high-tech jobs:

"The idea that you're going to change the bill to deny American tech workers a shot at the jobs of the future - that's not good politics, that's not good policy and it isn't going to pass," said Jeff Hauser, a spokesman for the AFL-CIO.
"Our view is that technology workers in America who have invested in the skills of the future -- as the tech industry wants them to do - they deserve a fair shot at the jobs of the future," Hauser added.

Can you call 5 Senators to let them know YOU know what's up and YOU want them to stand firm?

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Sen. Hatch Doesn't Want Americans to Have a Shot at American Jobs

The contention is now over provisions in the immigration bill that make companies first seek and hire qualified Americans before filling these jobs on US soil with citizens from abroad.

Sen. Hatch (R-UT) is attempting to remove these provisions.  He doesn't want highly-skilled, talented professionals to have a fair shot at job openings we are qualified to do in our own country!

Tech companies have grown accustom to filling jobs on American soil without ever having to look at an application from an American.  This is how jobs are shunted away from Americans and entire technical fields are being cordoned off from American workers. This is brazen employment discrimination.

Our legislators have exercised their duty to ensure that the US job market is open to US talent.  These new immigration provisions will remove the current barriers that are denying our freedom to compete for US jobs--along with our basic right to work in the US.

Will you support these common sense provisions?

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Gang of Eight Takes Control of H1-b Program

people_in_flag.png“Companies over countries,” Zuckerberg often said in meetings, according to Kate Losse, his former speechwriter and author of The Boy Kings.  While this statement reveals Zuckerberg's arrogance and simultaneous ignorance, it's actually an apt description of how the current H1-b & L-1 visa programs work.  

Simply put, companies control these government programs--and have been for 23 years.  They have used these programs to avoid hiring Americans for their US job openings and the US government had no control to stop this.

Now, the Gang of Eight is asserting "country over companies"Companies must offer the job opening to any equally or better qualified American who applies.

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Oh Congress, Can You Make Us like Canada?

"To obtain permits for temporary foreign workers, companies need to show a Canadian cannot be found to do the work," according to Diana Mehta at the Canadian Press.  So when it was leaked that the Royal Bank of Canada (RBC) was forcing 47 RBC techies to train their foreign replacement, the Canadian government's regulatory departments moved to investigate.

"At the heart of the controversy is a multinational company called iGate, which was contracted to provide certain technology services to RBC — a situation thought to affect 45 current employees in Toronto.

Government officials are now scrutinizing the application documents submitted by iGate in its case to bring in foreign workers to provide services to Canada’s largest bank.

HRSDC officials are currently reviewing the labour market opinions submitted by iGate in great detail, based on apparent discrepancies between RBC’s public statement and information which has previously been provided to the government,” said Alyson Queen, a spokeswoman for Human Resources Minister Diane Finley."

The H1-b & L-1 Reform Act, co-sponsored by Senators Brown (D-OH) and Grassley (R-IA), will give American regulators the power to investigate and punish companies that attempt to replace us. 

Have you endorsed this bill yet?

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DOJ Indicts Cupertino Businessman for Visa Fraud

The Department of Justice's latest indictment is revealing another secret that Americans don't know: immigrant entrepreneurs in the high-tech staffing industry promise high-tech jobs to foreign citizens from their home country. The problem?  They don't have any jobs for them

Here's how it works.  Small temp staffing agencies lie on government documents that they have jobs.  This is visa fraud.  The foreign citizens are warehoused in company owned guest houses and forced to find work themselves. Often these companies band together to sell these foreign citizens as temp workers or horse-trade them amongst themselves

Does it sound like human trafficking to you?

Only changing the corporate recruiting and hiring policies across the temp staffing industry will stop this.  These traffickers need:

  • a guarantee these companies aren't required to seek local talent first
  • a guarantee these companies can post discriminatory job ads targeted to foreign nationals
  • a guarantee these companies won't be monitored, audited or punished by federal authorities.

The H1-b & L-1 Reform Act, co-sponsored by Senators Grassley (R-IA) and Brown (D-OH), will remove these guarantees.  In addition, the bill will prohibit temp staffing companies from using the program.

Have you endorsed the bill yet?

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Dan Rather Reports on the broken law.

This excerpt from Dan Rather Reports explains how corporations are able to discriminate against American workers. Companies bypass hiring Americans entirely, even displacing them, in favor of citizens from abroad.

What did you believe about Americans and our American education system before you learned the secret?

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National Public Radio (NPR) Interviews Bright Future Jobs on H1-b Secret

American Tech Workers Challenge H1-b Visa Story

Great story.  Senator Grassley states he'll be fixing the H1-b to require that companies seek American talent first.  NPR also mentions the DOJ recommendation to fix this program. 

Finally, it covers the discrimination Americans face not just by companies using the H1-b program, but also how brazen the discrimination is when employers reject Americans in order to award a green card to the temporary worker for a permanent job in their company.


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