Software body shop Cognizant has been found liable for discriminating against non H1-B employees.
This is not discrimination against white people, it's that they saved money using H1-B employees, because they knew that if they were fired, they could be deported.
It's against the law, but within the spirit of the program, which is all about using employee precarity to suppress wages:
Cognizant Technology Solutions Corp. engaged in a pattern of discriminatory conduct toward non-Indian workers and should pay punitive damages to compensate employees who suffered harm, a US jury found.
The verdict came after the IT firm failed to persuade a Los Angeles federal judge last month to toss a 2017 job bias class-action lawsuit when a previous trial ended with a deadlocked jury.
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Bloomberg News reported in July that the Teaneck, New Jersey-based company was among a handful of outsourcing firms exploiting loopholes in the H1-B visa lottery system. The company defended its practices, saying it’s fully compliant with US laws on the visa process. Cognizant also said that in recent years it has increased its US hiring and reduced its dependence on the H1-B program.
The technical legal term for Cognizant's defense is, "Bullsh%$." It's all about paying the employees less.
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The Los Angeles case began after three employees who identify as “Caucasian” claimed in a lawsuit that Cognizant made a practice of giving preference to South Asians in employment decisions. The plaintiffs alleged they were terminated after being “benched” with no work for five weeks and then replaced by “visa-ready” workers from India set to be deployed to US projects and assignments.
Cognizant had the highest number of H-1B visas of any US employer from 2013 to 2019, according to Citizenship and Immigration Services.
Again, this not about white or brown or black, it's about green. Cognizant wants to pay below market wages.
You could do that with a bidding process, where the people who have real unmet skills needs will outbid those who have a need for skills on the cheap.
The fix is fairly simple, raise the cost of getting an H1-B high enough that it is no longer a lower cost option.
Also, frog-march these rat-f%$#s out of their offices in handcuffs.
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