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US jury rules in favour of TCS over alleged discrimination

Press Trust of India  |  New York 

In a significant victory for the Indian IT outsourcing industry, a unanimously sided with (TCS), saying the Indian consulting did not discriminate against non-South Asian workers in the US as alleged in a lawsuit.

According to a report in portal law360.com, the unanimous nine-member found in an Oakland, court Wednesday that the did not have a "pattern or practice" of intentionally discriminating against non-South Asian workers due to their race or national origin.

The verdict came after one day of deliberations, ending a trial that began on November 5 over a class action lawsuit brought by three former employees, Christopher Slaight, and Nobel Mandili, who claimed in the suit that they received fewer work opportunities and were eventually fired because of their races and national origins.

The report said that their presented data showing that the company has fired fewer than one per cent of its South Asian employees, who are mostly Indian, in the US, compared with 10.6 per cent of its non-South Asian employees.

The suit also alleged that the let go of 78 per cent of its non-South Asian workers who were taken off job assignments, or "benched" from work, between 2011 and 2014, while only 22 per cent of benched South Asians were fired, even though they made up half of the company's US workforce.

The TCS executives testified at trial that the company had recently raised its year-over-year retention rate to 82 per cent from 69 per cent and that the company had increased the number of US residents it hires and retains, the law360.com report said.

It added that in closing arguments, Tata's of Loeb & Loeb LLP, argued that the company's employment data show there's been a 400 per cent increase in local hires since 2011.

Garnett also said at trial that most of the workers who alleged they had been fired were let go for refusing to relocate for a job.

A report in quoted Garnett as saying that the nine-member unanimously ruled that TCS "did not discriminate on the base of race or national origin."

The report cited a Tata as saying that they have always believed the claims in the case were baseless and are gratified that the jury agreed.

The verdict came as the is doubling down on immigration and its tough stance is impacting companies from hiring and retaining foreign workers on the H1B work visas, which is the most-sought after among Indian IT professionals.

(This story has not been edited by Business Standard staff and is auto-generated from a syndicated feed.)

First Published: Thu, November 29 2018. 09:55 IST
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