Tunnel Rat posted on May 25, 2012 22:50
I urge all American techies to call the number at the end of this article and report any slumdogs, collaborators, or Desi managers that are in engaged in the ethnic cleansing of American IT workers:

The Justice Department filed a lawsuit today against Whiz International LLC, an information technology staffing company in Jersey City, N.J., regarding allegations that the company violated the anti-discrimination provision of the Immigration and Nationality Act (INA) when it terminated an employee in retaliation for expressing opposition to Whiz’s alleged preference for foreign nationals with temporary work visas.

The complaint alleges that the company directed an employee that served as a receptionist and a recruiter, to prefer certain noncitizens in its recruitment efforts and then terminated the employee when she expressed discomfort with excluding U.S. citizens and lawful permanent residents from consideration. The anti-discrimination provision prohibits employers from retaliating against workers who oppose a practice that is illegal under the statute or who attempt to assert rights under the statute.
 
“Employers cannot punish employees who try to do the right thing and take reasonable measures to shed light on a practice they believe may be discriminatory,” said Thomas E. Perez, Assistant Attorney General for the Civil Rights Division. “Employers must ensure that their practices conform to the anti-discrimination provision of the INA, and retaliation will not be tolerated.”

The complaint seeks a court order prohibiting future discrimination by the respondent, monetary damages to the employee, as well as civil penalties. 
 
The Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) is responsible for enforcing the anti-discrimination provisions of the INA, which protect U.S. citizens and certain work-authorized individuals from citizenship status discrimination.  The INA also protects work-authorized individuals from national origin discrimination, over-documentation in the employment eligibility verification process and retaliation.


For more information about protections against employment discrimination under the immigration laws, call 1-800-255-7688 (OSC’s worker hotline) (1-800-237-2525, TDD for hearing impaired), 1-800-255-8155 (OSC’s employer hotline) (1-800-362-2735, TDD for hearing impaired), sign up for a no-cost webinar at  www.justice.gov/crt/about/osc/webinars.php, email osccrt@usdoj.gov, or visit the website at www.justice.gov/crt/about/osc/. Civil Rights Division Trial Attorney Liza Zamd represents the department in this matter.


A true WTF. The comments are especially revealing. I look forward to the day a displaced IBM-er takes a gun to their "GDF" and gets some retribution.

"IBM’s 2015 plan was hatched to deliver $20 earnings-per-share to the delight of Wall Street. IBMers were offered a carrot, a few shares of stock granted at the end of 2015, as a reward for helping them achieve that target. It appears that IBM’s goal is not to issue any of those grants as they continue to conduct resource actions (IBMspeak for permanent layoffs) and remove talented and valuable US employees in favor of moving work to low cost countries such as Brazil, Argentina, India, China and Russia.

Work that stays onshore is mainly sent to what are called Global Delivery Facilities (GDF’s), two of which were created at heritage IBM locations (Poughkeepsie, NY and Boulder, CO) while starting new ones in Dubuque, IA and most recently Columbia, MO. IBM’s public position is they are creating jobs in smaller towns when in fact they are displacing workers from other parts of the US by moving jobs to these GDFs or to offshore locations.

In the case of Dubuque and Columbia, IBM secured heavy incentives from state and local governments to minimize their costs in these locations and are achieving further savings by paying the technical team members, most of whom are new hires or fresh college grads with no experience, a fraction of what experienced support personnel would require.

Let’s look closer at Dubuque, not because it is any different from the rest of IBM USA but simply to characterize the company at a finer scale.

When IBM opened the Dubuque center the people of Iowa were expecting great things.  The center was staffed by a small number of US IBMers in management positions.  IBM then brought over people from India for “training,” then sent them back.  Few H1B visas were even required.

Every time IBM sent a batch of trainees back to India from Iowa they laid off US workers.  While Dubuque was led to believe they’d get an influx of highly-paid new residents, what the city actually received was a transient workforce of underpaid people — workers that may well be invisible to local government.  It would be interesting to know how many permanent hires in Dubuque have been Iowa residents or graduates of Iowa universities?  How many workers spend less than a year in Dubuque?  Is Iowa seeing any benefit from the investment they made to open the IBM Dubuque center?

Whenever IBM has a big project they now have to bring in extra workers, usually from India.  I have been told they plan the arrivals over several days to a few weeks.  They route people through different airports.  They make sure there are never more than two or three workers coming on the same flight, effectively avoiding notice by Homeland Security.

Are any of these people paying FICA or US income taxes?  Good question. Why is IBM sneaking around? Better question.

With hundreds of thousands of laid-off IT workers in the USA, why can’t American workers be hired for these positions? Because IBM doesn’t want US employees. Or, for that matter, European employees, though these are harder to jettison.

Layoffs at IBM are rarely due to job performance, though complaining will get you sacked. IBM tends to position these actions as job eliminations, but jobs aren’t usually eliminated, they are just relocated to GDF or GR locations staffed by cheaper workers. IBM manages to skirt the Worker Adjustment and Retraining Notification (WARN) Act requiring advance notification of layoffs or plant closings by structuring these resource actions to stay just below the numbers required to provide notifications at given locations. In this way IBM has managed to avoid the mainstream media and touts itself as a good corporate citizen while continuing to expect remaining employees to work 60-70 or more hours per week to keep up with the amount of work.

These draconian tactics might be justified if survival of the company or the best interests of the customer were involved, but they aren’t. It’s mainly about executive compensation. Meanwhile IBM’s work for customers is becoming increasingly shoddy. Contract terms such as vulnerability scanning, ID revalidations, and security implementations are routinely late or not done at all. Account teams are under continued pressure to meet revenue and cost targets regardless of how poorly the contracts were structured by the sales team. Each business sector has a target to move a certain percentage of their technical work to an offshore Global Resource (GR) or onshore Global Delivery Facility (GDF) as mentioned above.

IBM’s goal appears to be to have as few employees in the US as possible, maximizing profit.  But doing so clearly hurts customer satisfaction.

Major IBM customers such as Amgen, The State of Texas, and most recently the Walt Disney Company have cut ties with IBM in favor of other providers. Many other customers are scaling back the services they’re buying from IBM as the perceived value continues to drop. Customers are starting to realize that they can directly hire offshore companies such as TCS, Wipro, HCL and Satayam and book the savings directly instead of paying IBM top dollar for support and then seeing that support fulfilled from BRIC countries.

When IBM first started its big push to offshore technical work, the account teams were asked to make a list of reasons why customers’ work couldn’t be offshored, but were not allowed to use skills as a reason. That makes no sense in a rational organization but it makes perfect sense to IBM."

http://www.cringely.com/2012/04/somethings-rotten-in-IBM-dubuque/


Uh, no shit.  I bet Andrew Wasser starts getting death threats from the Indian Outsourcing Regime, or a slumdog CMU student throws acid in his face.

IT Outsourcing System Is Broken, How Can Service Providers Fix It?

– Stephanie Overby, CIO

March 29, 2012 

 

Andrew Wasser's perch affords him a broad view of the IT outsourcing industry. Wasser serves as associate dean of the Heinz College's School of Information Systems and Management at Carnegie Mellon University (CMU), where a third of the graduate students studying applied business and information technology are refugees from the IT services industry. He has oversight over many of CMU's business projects that are commissioned by a virtual who's who of the outsourcing industry -- providers, clients and consultancies. And, as a veteran financial services CIO and director of CMU's CIO Institute, he has an intimate understanding of the outsourcing practitioner's point of view.

From his multidimensional perspective, one thing is clear: The outsourcing system is broken. Heck, if you go by the old saw that defines insanity as doing the same thing over and over again and expecting different results, it's downright crazy. The vendors say they are strategic partners, but they are in fact neither strategic nor partners. Both providers and customers say they want to create more business value and innovation, but neither is making the changes necessary to do that.

CIO.com talked to Wasser about what ails the outsourcing industry -- from talent gaps and process devotion to closed-off clients and poor communication -- and what, if anything, could turn things around.

CIO.com: You have a particular interest in the growing talent gap in the global sourcing industry. What is the state of offshore outsourcing recruiting?

Wasser: As important as what we are seeing is why we are seeing it.

My bias is in looking at the big Indian firms -- Infosys, Wipro, Cognizant, TCS -- and to some extent the Accentures, IBMs and captive centers. In the beginning when you talked to a tier-one sourcing [firm], they would tell you, "We get the best of the best." They made offers only to the top 0.5 percent at the universities. And they may still tell you that today, but the reality is quite different.

Because of increased competition and a shortage of talent, they have had to go much deeper into the pool of students and go to second and third-level schools. They are no longer getting the best and the brightest. It's no longer a coup to get an offer from Tata because everyone is getting an offer from Tata.

CIO.com: Is that just a result of needing more people? Are they still recruiting the best and brightest as well -- or is that top talent going elsewhere?

Wasser: These firms have hiring targets -- sometimes as many as 5,000 new employees. They may be getting, at best, the top quartile. I don't have a good handle on where the top decile is going. These young professionals entering the sourcing industry end up "going back to school" at Infosys or Cognizant or Tata, which all have their own academies. They take mechanical or chemical engineers and teach them how to be IT engineers, ideally with some client skills. They repackage them.

CIO.com: What's the biggest complaint you hear from outsourcing customers?

Wasser: We see continued frustration from clients that these people are really good order takers, but they are not problem solvers. They are smart -- no question -- but they are not the strategic partners they had hoped they would be.

CIO.com: Can you trace all of that dissatisfaction back to the recruiting issues at the junior level?

Wasser: I have several hypotheses. One issue is what I call the "filter effect." The sourcing firms go to the same affiliate universities and programs year after year. The HR people have a formulaic set of attributes they are looking for. Did they take discrete math or programming one and two? How were their grades? When they can check off all the boxes, they make an offer.

So they are getting students who have done exactly what they were supposed to do. They graduated from high school with good grades. They told their parents they wanted to study history or art. The parents said, "Great, but you're going to be an engineer." They have no gaps in their studies, no blemishes on their records, their extracurriculars are all in place. And when they finally graduate with a chance to do something innovative or unique, they once again do exactly what mom and dad tells them to do -- apply for a job at IBM or Infosys.

Then the firms say, "Why aren't my people innovating?" Well, you filtered out all the people who might innovate -- the guy who took time off to hike the mountains or the girl who tried to start her own t-shirt company or the student who stumbled freshman year because he was interested in guitars and girls. You hired people who are good at doing what they are told and now you wonder why they're only [a] good order taker.

CIO.com: Couldn't the providers teach them how to approach the work differently?

Wasser: I think so. But that gets to what I call the "treatment effect." Once you get into these sourcing companies, they all follow CMM-I or Six Sigma or ITIL. They put in place all these SLAs and metrics and procedures and policies. I have no problem with process frameworks. They have been great for our industry and turned what was a craft into a science. But they do not foster innovation. No one is willing to say, "Hey this might not meet the SLA or it's not ITIL, but here's a novel way to address a business need."

CIO.com: Are these problems only found in the Indian or offshore-centric firms?

Wasser: No. They are all going after the same talent pool. Some firms tend to be more westernized. I would put Cognizant and Accenture and IBM in that mix. But they've all replicated the Indian delivery model, so they are experiencing the same problems.

One of the issues particular to offshore outsourcing is what I call the "texting effect." Whether you are in China or Mexico or India, the [English] speaking and listening and writing skills aren't always great to begin with. Adding to the problem is that engineers are notoriously weak communicators. And if, on top of that, the engineer doesn't understand the business drivers, they're never going to speak the real language of the client.

CIO.com: Do the customers themselves bear any responsibility for the lack of problem solving in their outsourcing engagements?

Wasser: The client holds a whole lot of responsibility. They often don't want to spend much time with the Indian guy -- they don't think he's that fun, he has an accent, and he can't talk about the Syracuse win last night -- that's a problem.

That is tied up with what I call the "context effect." The client tells the vendor what to do but not why they want it done. If I tell you, "Move this box from here to there," and you do not know the context, all you can do is what I tell you. But if you understand the bigger picture, you may realize you can discard some of what's in those boxes, some of it you can scan, and some you can leave behind. There is so much value in understanding the real meaning of what you are trying to accomplish. Context can be especially difficult to gain when a development center is in Monterrey or Chennai. But it is the client's responsibility to share that business context.

CIO.com: What can outsourcing customers and providers do to advance their relationships and foster the innovation they say they want?

Wasser: Some of it is obvious. Who is doing the hiring? How are they doing it? Where are they doing it? If it's the same old HR mindset, you will get the same old results. Why not take a look at the guy who dropped out of school or the music major?

But even more important is how are you incenting these workers? That is going to require some deprogramming on the client side. You can't focus on the strictest service-level agreements and then wonder why the provider didn't innovate. You didn't create an environment for innovation. You need to explain the why, not just the what.

CIO.com: Many of your master's and Ph.D. students came from the IT outsourcing industry to make the switch from order taker to business innovator. Are they going back into IT services?

Wasser: No. Most stay in the U.S. and go to client firms or consulting firms or technology firms.

I tell them that these talent gaps are an opportunity for them. What you want to be is one of [the] people [who] can fill that gap -- that polymath who can look at things from an entrepreneurial perspective. There will always be someone in Pune or Poland that can program more cheaply than you. But what the world needs is business technologists -- IT professionals who understand negotiation and information security and economics and architecture. We are not going to out-MBA the MBA or out-tech the computer scientist. We are filling the sweet spot in between the two. And that's what companies tell us they need.

http://tinyurl.com/6wpss3g


Tunnel Rat posted on February 24, 2012 10:01

Yeah, what else is new....

Authorities: Debt-Collector Scam Bilked Millions

By MICHAEL TARM Associated Press

A phone scam in which callers in India posed as debt collectors bilked millions of dollars out of more than 10,000 U.S. residents by using threats of arrest or the loss of their jobs, U.S. authorities said Tuesday in what they described as a first-of-its-kind investigation.

Callers drew on personal data snatched from payday loan websites, Federal Trade Commission official Steven Baker said. More than 20 million calls may have been placed over the past two years, with collectors demanding between $300 and $2,000 per call.

Such a far-reaching fraud with so many millions of calls flooding in from India is something investigators haven't seen before and was fostered in part by the plummeting costs of international calls, Baker, the FTC's Midwest director, said.

While federal authorities seem to have put a halt to this one scam by freezing the assets of a California-based business allegedly involved, Baker said other similar scams are almost certainly up and running.

"We think this is just the tip of the iceberg," he said.

Authorities have received more than 4,000 complaints about debt-collection schemes in recent years, said Baker. They describe aggressive, foul-mouthed callers, some of whom claimed to be agents of a nonexistent Federal Department of Crime and Prevention.

JanLaree Dejulius, of Las Vegas, was at work at a university office when she got a call from a man who gave his name as Officer Black. He knew one of her relatives had taken out a payday loan online. If Dejulius didn't pay up, he said he would send someone to her work to arrest her, she said.

"I said, 'Yeah, I'll pay you — whatever it takes (not to get arrested),'" the 57-year-old said at a news conference in Chicago. "I consider myself savvy, but I fell for it." She eventually agreed to pay $763.

Some callers threatened to call victims' bosses or sue them. The scare tactics were so effective that in some instances people agreed to pay hundreds of dollars even though they knew that neither they nor any acquaintances had payday debts, said Baker.

From 2010 to 2012, $5 million was paid in 17,000 transactions to accounts controlled by the alleged fraudsters. The targets included people who applied for loans by punching personal details into a payday site but whose applications were rejected, Baker said.

Payday loans are typically small, very short-term loans with extremely high interest rates that are effectively advances on a borrower's next paycheck. It is often people cash-strapped or living from paycheck to paycheck who use the service, Baker said.

Baker said to guard against scam artists, consumers should demand a written notice with debt amounts and the names of creditors. Debt collectors never have authority to arrest anyone, Baker added.

Asked what advice she'd give to would-be victims if they get a call, Dejulius said they shouldn't give in.

"Call them on it," she said. "Call their bluff if you know you haven't taken out a loan."

Baker said many questions remain unanswered, including how callers obtained such a vast amount of payday-loan information. He said the U.S. government needs help from authorities in India, where it is thought that all of the bogus calls came from.

The FTC charged Villa Park, Calif.-based American Credit Crunchers LLC, Ebeeze, LLC and their owner, Varang K. Thaker, with violating the FTC Act and the Fair Debt Collection Practices Act. No criminal charges have been filed.

Thaker allegedly withdrew thousands of dollars paid by victims that ended up in his company accounts, though Baker said it wasn't clear if the overall scheme was directed primarily from California or India.

A U.S. district judge in Chicago has issued an order freezing Thaker's assets.

American Credit Crunchers or Ebeeze in Villa Park, Calif., did not have a current phone listing. There also was no listing for a Varang K. Thaker in the area. Federal court filings did not list an attorney for Thaker. The Online Lenders Alliance, an industry group for companies that offer loans over the Internet, said it reported complaints about the fraudulent calls to the FTC two years ago and has worked with authorities to stop the scam.


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I made this video about two years ago and it was taken down off of YouTube, first because of copyright issues by the original movie company, and most recently by a court order issued by a delusional New Jersey judge (is there any kind) that was bribed by Apex Technology Group boss Sarvesh Kumar Dharayan and his mob lawyer, Patrick Papalia. Enjoy!

Apex Technology Group from Rudy Torrent on Vimeo.


tunnel rat posted on December 28, 2011 10:11

Yet another in a series of numerous lawsuits targeting the slumdog slave trade, one of which (not this one) I am currently a plaintiff in:

     DALLAS (CN) - A federal class action alleging forced labor, human trafficking and RICO violations claims a financial services tech company uses bait-and-switch tactics to lure foreign workers, whom it defrauds and underpays in violation of their employment agreements and of visa rules.
     Lead plaintiff Venkata Sudhakar Amerineni sued Maruthi Technologies dba Anblicks, three Maruthi officers, and Gavs Information Services dba Gavs Technologies.
     Maruthi's home page on the Internet claim it offers "innovative solutions for moving forward and navigat[ing] the road to recovery for financial sector."
     The class claims Maruthi uses bait-and-switch tactics to recruit foreign workers, then does not pay the full, legally required prevailing wages to workers with H-1B visas.
     Defendant Vamsi Kadiyala is described as a U.S. citizen and resident of India, who travels to the United States to do business for Maruthi and himself.
     "At all material times, Vamsi Kadiyala has been an owner of Maruthi. Vamsi Kadiyala was responsible for directing fraudulent operations and making false representations and attestations on behalf of Maruthi with regard to H-1B workers, including representations made regarding the plaintiff's H-1B visa application," the complaint states.
     Defendant Padmaja Kadiyala also is described as a U.S. citizen who lives in India and travels to the United States for business. She is accused of being "responsible for directing fraudulent operations and making false representations and attestations on behalf of Maruthi with regard to H-1B workers as discussed herein, including representations made regarding the plaintiff's H-1B visa application."
     Defendant Kumar Tirumal, of Irving, Texas, "has been the operations director of Maruthi," the complaint states. "Tirumal was responsible for directing fraudulent operations and making false representations and attestations on behalf of Maruthi with regard to H-1B workers as discussed herein."
     According to the complaint: "The Immigration and Nationality Act ('INA') limits the types of foreign workers eligible for H-1B visas, and imposes prevailing wage requirements on H-1B sponsor employers in order to protect American workers. "These wage requirements include that sponsor employers are required to pay their H-1B employees the higher of (a) actual wages the employer pays co-workers in related positions or (b) a 'prevailing wage' for the specialty, as determined by an independent survey of wages paid to workers similarly employed in the geographic area of intended employment. Sponsor employers are further required to provide prevailing wages to H-1B employees during the periods that they are in nonproductive status (commonly called 'benched' status): that is, when the H-1B worker is not performing work due to a decision by the employer, e.g., because of lack of assigned work. ... These wage requirements are designed to both prevent exploitation of foreign workers and to avoid the influx of cheap foreign labor for professional services."
     Amerineni claims Maruthi promised him $63,000 a year, but when he arrived, told him there was no work available and that he would not be paid for nonproductive time.
     "Maruthi requires these H-1B employees to obtain third-party consulting work and steer income from that work to Maruthi before these individuals are paid any wages," the complaint states.
     "In addition to unpaid 'benched' periods at the start of their employment relationship with Maruthi, those employees who do eventually find third-party consulting work often experience gap periods between consulting projects. These Maruthi H-1B employees are not paid the required prevailing wage, or any wages, during these gap periods of nonproductive/benched time.
     "Maruthi H-1B employees who do find paying project work continue to be underpaid by defendants, and receive less than the required prevailing wage or the wage promised by Maruthi," according to the complaint.
     Gavs is accused of participating in the scheme by arranging third-party work for Maruthi's H-1B workers.
     The class consists of all H-1B workers employed by Maruthi in the past 4 years who have been paid less than the full prevailing wage. It seeks damages for RICO violations, forced labor and human trafficking, and breach of contract.
     It is represented by Michael Brown with Peterson, Berk & Cross in Appleton, Wisc. 


tunnel rat posted on October 27, 2011 01:36

This Devil Dog came home from Iraq, to an economy ravaged by the Slumdog Slave Trade, the High-Tech Junta, and the Globalist shills, and got his skull shattered.  From what I hear, he is a Systems Analyst, probably making a fraction of what he deserves because of the flood of the low-wage scabs in his field.

FUCK YOU SLUMDOG PARISITES THAT HAVE RAVAGED OUR COUNTRY.

 

http://org2.democracyinaction.org/o/5966/p/salsa/web/common/public/content?content_item_KEY=9491


Yeah, no shit.

H-1B workers abuse work privileges: IG


By Alice Lipowicz
Sep 15, 2011

About 18 percent of the skilled foreign workers allowed employment in the United States under H-1B visa programs may have committed fraud or abused the program, according to a new report from the Social Security Administration’s Office of Inspector General.

Congress created the H-1B program in 1990 to allow highly skilled foreign workers to work within the U.S. for several years, primarily in high-tech fields. While U.S. tech companies say the foreign workers are critical to remaining competitive, American workers contend that the influx of additional workers undercuts their wages.

The H-1B program, which is run by the Homeland Security Department, allows work for tens of thousands of visa holders per year. The SSA provides Social Security numbers to the workers to be reported as wages in approved workplaces.

However, many H-1B workers did not fulfill those conditions. The SSA IG found that 18 percent of the H-1B workers who were assigned Social Security numbers for work in 2007 did not fulfill the assigned purpose, according to the report released Sept. 7. The review said that finding applied to 7,131 H-1B recipients of a total of 38.546 H-1B recipients evaluated.

Of the total cases reviewed, 11 percent worked for an employer other than the one approved by DHS, while 7 percent posted no wages during the two-year period studied, the report states.

For the 18 percent of the H-1B visa recipients who did not follow the rules, the report said it resulted in unauthorized use of the H-1B visa program.

“Unauthorized work by H-1B workers weakens SSN integrity and may require that the agency pay future benefits to individuals who misuse an SSN to work in the United States. In addition, H-1B workers who do not work for their approved employers could pose a risk to homeland security because they may obtain employment in sensitive areas,” the report states.

Applying the percentages to the entire H-1B visa holder cohort, the report concludes that thousands of H-1B visa holders may be engaging in unauthorized work each year.

“While we recognize SSA is not responsible for immigration enforcement, unauthorized work by non-immigrants impacts the agency by weakening SSN integrity,” Patrick O’Carroll Jr., SSA inspector general, wrote in the report. “We recognize there is no easy way to fix this problem. However, we believe SSA has an opportunity to help address unauthorized work by non-immigrants.”

O’Carroll recommended that the SSA work with DHS to offer to establish a data match agreement to better identify the H-1B visa holders who do use their Social Security numbers for purposes other than approved work.

SSA managers agreed with the recommendations.


tunnel rat posted on August 3, 2011 23:49

More bad news for slumdog slave traders Infosys (from CIS):

 

Infosys, Big H-1B User, Loses Case but Wins Secrecy


By David North, August 1, 2011

Infosys, the big Indian body shop and extensive user of the H-1B program, has, in effect, lost an age-discrimination case in federal court, but everything about the case is shrouded in secrecy.

It is one of those settled-out-of-court arrangements where Infosys must have paid a sum of money to the U.S. citizen against whom it discriminated, but part of the agreement is that the details of the settlement must remain a secret. The little guy gets some money, which is good, but the big guy's operations remain a closed book. It is frustrating to onlookers.

This is the back story:

A 58-year-old U.S. citizen who has spent his life as a computer programmer applied for a job with Infosys. (I know his name, but it is irrelevant.)

Infosys is the largest of the H-1B users in the U.S. and its recent efforts to misuse the B-1 business visa got it some negative attention from the New York Times, as I described in an earlier blog.

Some time ago the U.S. citizen responded to a help-wanted ad in which Infosys noted a maximum experience requirement; it said, in effect, that it did not want anyone who was too experienced. The applicant had more than a quarter-century of the right kind of experience, so he was not hired.

The applicant, correctly, figured that this was age discrimination and took the case to the federal Equal Employment Opportunity Commission; court records show that the agency must have agreed with him and gave him a "permit to sue" decision.

Then the applicant hired a lawyer, used the EEOC document, and went into U.S. District Court. Prior to hearing any evidence, the judge ordered arbitration, but before that could begin, the two parties settled out of court. The judge then closed the case, unless the terms of the settlement are not met. We gather it was a long, drawn-out, two-year ordeal for the plaintiff.

That's all we know for sure, but there are some pretty clear implications.

1) Infosys, and similar outfits, probably will not insert a maximum experience element in their future ads.

2) While this case presumably resulted in a transfer of cash to the discriminated-against citizen – a totally good thing – it cannot be as useful to the anti-age-discrimination, anti-H-1B cause as a public court decision would have been.

3) It is probably better for the cause if the plaintiff (perhaps supported by an advocacy organization) forces the matter into a public trial, rather than accepting an out-of-court settlement, but that's not always possible, maybe it is only rarely possible.

If any reader knows of similar court cases, please share them with me at snrascal@yahoo.com.


tunnel rat posted on July 30, 2011 11:41

This is just the beginning as Operation Uganda II ramps up:

ICE Investigating VA School's Visa Program

Dozens of Immigration and Customs Enforcement agents raided offices at the University of Northern Virginia's Annandale campus Thursday.

The University of Northern Virginia is an unaccredited, for-profit private university that calls itself the most popular American university for students from India. Thousands of students are registered at three locations in northern Virginia.

Agents removed boxes of documents from a building on Little River Turnpike where the university leases two suites.

The university temporarily can't accept any foreign students, reads a notice posted on the door of the offices. UNVA students must leave the country immediately if they are unable “to continue to attend classes and maintain their active status in a manner required by federal government regulations,” the notice reads.

“Today, officials from ICE’s Student and Exchange Visitor Program (SEVP) served University of Northern Virginia officials with a Notice of Intent to Withdraw (NOIW) UNVA’s authorization to admit foreign students,” read a statement released by ICE spokeswoman Cori W. Bassett.

The school was told it can no longer participate in that program, but no specific reason was disclosed.

The school's chancellor provided a few clues Friday.

"The warrant included many items such as computer hardware equipment and paper documentation, which were all subsequently taken into government control," Chancellor Dr. David Lee said. "We were told that they would be returned early next week after they're copied."

On Friday, university officials said they are cooperating and have nothing to hide, News4's Jane Watrel reported.

"We want to emphasize that UNVA is open for business, classes are being held as scheduled, and as long as students attend classes as required, they will continue to remain in status," Lee said.

The raid is big news in India, where most of the schools students come from, Watrel reported. An Indian advocacy group based in D.C. went to the campus to investigate.

"Students are scared," student advocate Satish Vemana said. "Not only students. There are at least a lot of parents back home. They're crying, they're calling us because they send those kids here for their dreams."

No charges have been filed nor people arrested but the school is being investigated to see whether it conforms to federal regulations for the administration of student visas. Those regulations were tightened after the Sept. 11, 2001, terrorist attacks.

Foreign-born students at the campus Thursday said they have attended classes in the building and earned degrees from the school. One said the school helps students get their student visas.

If the investigation discovers the school improperly handled student visas, the school could face severe penalties.



- Vineet Nayar, CEO, HCL Technologies

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The thoughts expressed on this blog may or may not be the author's own and are protected by the 1st Amendment. Any attempt to reveal his identity by contacting a slumdog hack at Google, or a corrupt Desi sys-admin at his ISP will be dealt with promptly and severely. Civil and criminal penalties may apply if one is found to have used private information in an attempt to get the author fired at the Hindu-only I.T. ghetto he currently works at. In addition, any Desi who attempts to burn the author's house down because they are enraged over his writing will be prosecuted to the fullest extent of the law. This isn't India.

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