Athira Sethu
Kochi, 8 October 2024
A US jury found the IT firm, Cognizant guilty of discriminatory conduct toward non-Indian workers and ordered the company to pay compensation the employees, affected owing to such discrimination.
The ruling followed an almost three-year fight in courts beginning with a class-action lawsuit filed in 2017. The case had gone to trial but resulted in a deadlocked jury, which means they could not agree on a verdict. After the third trial, the jury returned with a verdict supporting the discrimination claims.
The company in a statement expressed disappointment with the jury decision and said it would definitely appeal against the verdict. “The company ascribed immense value to all employees and made efforts to create an inclusive, diverse workplace. The company sincerely appreciates all employees and strives for creating an environment in which diverse talent can be leveraged. It ensures equal opportunities for all,” it said in the statement.
In July, Bloomberg News reported that the New Jersey’s Teaneck-headquartered company had been accused of taking advantage of the H-1B visa lottery system. The company defended its practices, arguing that they were fully compliant with the rules governing visas at all times. It also highlighted hiring in the United States and lowering reliance on the H-1B visa programme over the last few years.
The suit was brought by three white workers, who charged that Cognizant had a pattern and practice of hiring and promoting more South Asians over other American workers and that it discriminated against them in employment decisions. They filed the suit after being laid off after five weeks of unemployment-replaced by workers flown into the country from India who were said to be prepared to start on US projects.
Interestingly, Cognizant was reported to possess the maximum number of H-1B visa issues by any U.S. company between 2013 and 2019, according to Citizenship and Immigration Services.