This is just the beginning...

 

(Reuters) - Tata Consultancy Services Ltd has been sued by a white American information technology worker who accused India's largest software services exporter of overwhelming favoritism toward workers of South Asian descent in the United States.

In a complaint filed on Tuesday in San Francisco federal court, Steven Heldt said 95 percent of Tata's 14,000-person U.S. workforce descend from South Asia, primarily India, and that the company violated federal civil rights law by intentionally favoring them in hiring, promotion and termination decisions.

Ben Trounson, a Tata spokesman, in an email said the Mumbai-based company "is confident that Mr. Heldt's allegations are baseless, and plans to vigorously defend itself."

Tata's market value is just over 5 trillion rupees (US$80 billion), Reuters data show. It separately reported fiscal fourth-quarter results on Thursday.

Heldt said he experienced "substantial anti-American sentiment" in his 20 months at Tata, including from a human resources manager who allegedly called Americans "selfish and demanding" and said "I don't like dealing with Americans."

Despite claiming to have been in the industry since 1996, Heldt said Tata saddled him with "menial" or no substantive work as it shuffled him between several jobs, ending with the Californian's firing in March 2014.

Heldt is seeking class-action status for Tata workers and job applicants in the United States since April 2011 who are not of South Asian race or from India, Bangladesh and Nepal. He seeks a halt to discrimination, and unspecified damages.

"The experience of Mr. Heldt is representative of what is happening across the country at Tata," his lawyer Daniel Kotchen said in a phone interview. "We believe it reflects a broad preference toward a specific race and national origin, and that any such preference violates U.S. anti-discrimination laws."

Trounson, the Tata spokesman, said the company bases employment decisions on "legitimate non-discriminatory business reasons," without regard to race or national origin.

The case is Heldt v Tata Consultancy Services Ltd, U.S. District Court, Northern District of California, No. 15-01696.


This SCE story seems to gaining traction. Here, SoCal talk-radio hosts Jon and Ken had a rep from IEEE to talk about the purge of American techies at Southern California Edison:

Perhaps the collaborators want another workplace massacre...

 

Click to view this disturbing story:

 

A fellow insurgent at SCE informed me about this confidential report that indicates that SCE was a SHITHOLE:

final-imt-report.pdf (601.63 kb)


I was taking a little hiatus from blogging and didn't realize that my hosting company expected me to pay for their service...

I'll try to file more dispatches from the IT front, but in all honesty, we are sort of in a state of trench warfare in the battle against the curry-scented wage pirates.  My own recent experiences as an IT contractor indicate that slumdog H-1Bs are fewer and farther between in corporate IT as the economy has picked up pace.  Wages for guys like me are rising, and although they are not at dot-com era levels, they are up.

Clearly the IT companies that used to purge American techies to make way for bugger-farming chair-warmers from the land that time forgot have learned a lesson -- DON'T CONFUSE PRICE WITH VALUE.  With the H-1B cap still in place and some high-profile lawsuits, companies are now forced to deal with the market forces of supply and demand.  Now that I am on the market again, having escaped another Desi manager and his H-1B-turned GC-carrying tech lead at a place that shall remain nameless, I can attest to the relative shift in the demographics of the IT landscape.  Of course, I still get the numerous calls from marble-mouthed retards like "Amit from Macrosoft" wanting to see if I am interested in a COBOL position in Des Moines, but even the calls from the Desi bodyshops seem to be less frequent, now coming in at 3 or 4 a day instead of 10 or 12.  Case in point, Molina Healthcare, a notorious curry den here in SoCal that got caught purging whitey to make way for a pack of jackals from Cognizant, is now actively recruiting programmers to clean up the mess that the slumdogs left.  A recruiter even referred to "that H-1B thing" at Molina in a recent phone call I had.  

I always found it amazing that the biggest advocates for having unlimited H-1Bs pour into our country are usually the free-market plutocrats that opine at places like the Wall Street Journal.  Speaking about the WSJ, I've heard from a few insurgents that there is reporter sniffing around and wanting to talk to the infamous Tunnel Rat.  FYI, Tunnel Rat doesn't speak to journalists that work for an organ of the hi-tech regime that would like to see him making Mumbai-level rates coding complex software.  There are almost 10 years of posts here to read, including a screenplay, so what more can I add for his below-the-fold Section B story?  I bet he is expecting to hear some sob story about a middle-aged hack who didn't see the writing on the wall when his whole IT department started smelling like tandori chicken and everybody began communicating in broken English, and then found himself a victim of occupational apartheid, jobless and bitter, left to vent on his blog.  That is what they always want, because that is all you read about when you see a story about the H-1Bs.  The theme follows a pattern - poor, brilliant Kumar who can't get a green card or naive Ashish living in a guest house with 10 other slumdogs in Edison, or the 40-something techie out on his ass, going on his second year of non-work, bitching about how some douchebag named Amir flooded his old company with slumdogs.  

You will never hear about the ex-Marine who got his Desi boss shit-canned for trying to game the recruiting process at a big-ass tech company so that he could flood his department with fellow upper-caste Indians, preferably from Gujarit.  Yeah, that guy -- the one who can tell recruiters to literally fuck off when they send him a req. with a below-market rate and an invitation to meet with the hiring manager named Rajeet.  No, that narrative doesn't play well with the subscribers to the WSJ, who bitch and moan about having to pay circa-1999 wages to developers with cutting edge skills and twenty years experience in IT -- THOSE FUCKERS WANT A 25-YEAR OLD SLUMDOG WITH THE SAME CV, AT HALF THE PRICE.  

THERE WILL BE RETRIBUTION


Tunnel Rat posted on February 28, 2014 13:50

WHEN INDIANS TAKE OVER IT’S TIME TO EXIT

Now that Microsoft has succumbed to a new Indian CEO (no don’t call them asians they are half negroid middle easterners) it’s fate is sealed, all it’s wealth and monopoly will be gone in five to ten years until sucked dry by Indians it will be no more than a decaying emaciated corpse rotting in the sun (just like Sun rotted after bringing on Indians!)...

-Link

 

India’s emerging market rollercoaster has been a brutal ride for IBM

...Other problems started to crop up. In the fiscal year to March, 2012, employees in IBM’s Indian software division unit inflated revenues by $8 million in order to meet financial targets. The company fired two dozen employees in India because of the fraud. In the fiscal year to March 2013, IBM detected another instance of fraud which overstated revenues by about $10 million, Livemint reported, citing documents filed with the Indian government...

-Link

 

 

THE PSYCHOTIC INDIAN VIEW OF THE H-1B RAPE OF AMERICAN ENGINEERS

...Indian outsourcing companies realized that they are dealing with an average America and not that rich America. American dollar fell, gold and oil prices rose. The economic decline of the super power was silent but catastrophic.

Today the flagging U.S. economy is the major reason why nearly 40,000 H-1B visa application slots are currently unused, and an additional 9,000 slots in the Masters Exemption program are still open. It is not just the economy. Lots of factors are playing their part.

According to Wayne Rash at eweek.com, the economy is party responsible. India’s talented youth today can enjoy American dream right in their own country. A high tech Bangalore IT job is far more lucrative than coming to US, getting abused by Immigration, law enforcement, face burocracy, racism, lose freedom, family and friends, good food, culture and just “home sweet home!”

These youth of India are vibrant, independent, and free. They come to US for vacation and not for high tech slavery like their previous generation did. India has finally toppled the West in its own game.

The reason why H1B is so unpopular is because America economy is weak and America is no longer a desirable place for immigrants to achieve American dream.

The American dream is in India today. Sooner or later Americans will travel to India and work there to find what their ancestors once used to call American dream and prosperity...

- Link


It is now official, now that the Wall Street Journal has stopped being the cheerleaders for more H-1Bs.  And it is also amazing that the "Indian outsourcing giants" can call this bill discriminatory when they refuse hire Americans to staff consulting gigs in the US, and instead turn every fucking project they take over it a nepotistic curry den:

A fight is brewing between Washington and New Delhi over provisions in the U.S.'s draft immigration bill that could hobble Indian outsourcing firms' businesses in the U.S.

The proposals, which include cutting back sharply on the number of foreign workers these outsourcing companies can send to their U.S. offices, have won broad support from rival U.S. technology firms, including International Business Machines Corp. IBM +0.05% and Accenture ACN +1.98% PLC, lobbyists say.

India's $110 billion IT industry, which performs back-office tasks such as software programming, makes about half its revenue from the U.S.

Indian companies such as Infosys Ltd., 500209.BY -0.84% Tata Consultancy Services Ltd. 532540.BY -1.16% and Wipro Ltd. 507685.BY -0.82% have set up large U.S. offices to be closer to clients, staffing the sites overwhelmingly with Indian expatriates, who earn significantly less than their American counterparts.

The model has been challenged in recent years by U.S. politicians, who argue Indian outsourcing companies are misusing the program to undercut local technology-sector workers.

Now, big U.S. tech companies, which want to hire more foreign workers but can't because of competition with Indian firms for available visas, have joined the fray.

U.S. tech firms successfully lobbied for the draft immigration bill to include caps on the number of foreign workers a U.S.-based company can employ on skilled-worker visas, according to lobbyists working for U.S. firms and another representing Indian outsourcers.

The bill doesn't name countries. But Indian outsourcing giants sponsor more than half the 65,000 skilled-worker permits, known as H1-B visas, that the U.S. issues annually to workers with at least a bachelor's degree.

Many of these firms have as much as 80% of their staff in the U.S. on H1-B and other visas. The draft legislation, which is being debated in the Senate Judiciary Committee this week, would prohibit companies with more than 75% of their employees in the U.S. on such visas from bringing in additional workers. That figure would fall to 65% within a year, and in the years after that the limit would be 50%.

IBM and Accenture declined to comment.

The U.S. firms are seeking to hire more foreign workers for high-skilled jobs but face a visa shortage because of competition with Indian firms.

Earlier this month, U.S.-based employers exhausted the annual 65,000-person quota for H1-B visas within days of the opening of applications, a sign of the strengthening domestic economy.

The immigration bill also seeks to raise the yearly cap on H1-B visas to 180,000. The cap on foreign workers means U.S. companies could benefit, while Indian firms would have to hire more U.S. employees.

Firms that don't comply will be barred from sending consultants to work in clients' offices, a business that accounts for roughly 50% of Indian companies' revenue in the U.S.

The foreign-worker caps were designed to get political backing to increase the number of available H1-B visas, people familiar with the negotiations said, and U.S. firms were concerned that a broader curb on visas would reduce their ability to hire more from overseas amid a dearth of U.S. computer graduates

Som Mittal, president of the National Association of Software and Services Companies, an India IT trade body, warned the bill was "discriminatory" and might ignite a trade war. The association estimates the regulations could wipe out a quarter of the Indian IT sector's global revenue.

Indian Finance Minister P. Chidambaram raised concerns about the bill with U.S. Treasury Secretary Jack Lew during a meeting last week in Washington. He told Mr. Lew the issue of short-term work visas shouldn't be mixed up with immigration, according to an account of the meeting Mr. Chidambaram gave to Indian media.

Commercial relations between the nations are already tense because of recent Indian regulations that would impose a sweeping "Buy India" mandate, requiring that large portions of high-tech products purchased by the government be manufactured locally. U.S. and other foreign companies are lobbying against the rules, saying they conflict with free-trade norms. Other areas of contention include India's efforts to increase its tax haul, which overseas companies complain has caused confusion for investors.

India argues the provisions are needed to curb technology imports from the U.S. and spur domestic manufacturing.

Indian companies claim the U.S.'s latest proposals to restrict visas could also amount to restrictions on free trade.

But many U.S. members of Congress contend India is misusing the H-1B system to bring in fairly low-skilled employees, denying those places to higher-skilled workers that U.S. firms want to hire.

On Monday, at a hearing of the Senate Judiciary Committee to discuss the immigration bill, Brad Smith, Microsoft Corp.'s MSFT +3.79% chief counsel, said the company couldn't get enough visas for high-skilled jobs that it can't fill through hiring in the U.S.

"We are not able to fill all the jobs that we are creating," Mr. Smith said in testimony. He told the committee that Indian outsourcing firms must "evolve their business models" by hiring more Americans.

Microsoft and IBM have recently expanded their presence in India, where they have hired thousands of local employees.

Sen. Richard Durbin (D., Ill.) said in response that the situation was an abuse of the visa regime. "Most people would think, well, Microsoft needs these folks," he said. "And they'd be shocked to know that most of the H-1B visas are not going to companies like yours. They're going to these outsourcing companies."

Indian firms say that over the past three years, in anticipation of the visa changes, they began hiring U.S. employees at a faster rate than new foreign workers.

Nasscom, the association of Indian IT firms, said the efforts faced roadblocks because of a lack of qualified U.S. graduates.

According to the Bureau of Labor Statistics, in 2013, the U.S. economy will create approximately 120,000 new jobs for people with degrees in computer science.

In his testimony before the Senate committee, Mr. Smith of Microsoft said that, by his own company's calculations, U.S. colleges produce under half that number of graduates annually.

 

http://online.wsj.com/article/SB10001424127887323551004578441070153741766.html


There is some great news for those American techies victimized by the high-tech junta and the slumdog slave traders -- the tide is turning.  What used to be a steady drip of pro-H-1B propaganda dished out by the likes of the Wall Street Journal, the Republican party, and other organs of the plutocracy is now becoming an anti-H-1B torrent of facts, reason, and sympathy for those displaced, denigrated, and discriminated by the Indian Offshoring/Outsourcing Regime.

Here's a quick summary of recent stories:

Norman Matloff released a study laying waste to the myth that foreign workers are smarter than Americans:

http://www.epi.org/publication/bp356-foreign-students-best-brightest-immigration-policy/

That study got positive coverage in several forums:

http://www.motherjones.com/mojo/2013/02/h1b-visa-bloomberg-foreign-workers-smarter

http://www.informationweek.com/global-cio/h1b/h-1b-workers-not-best-or-brightest-study/240149839

In another article, Sam Harnett of PRI got excoriated by commenters disgusted with his take on Stanford PhD from India scamming her way to an H-1B visa:

http://www.theworld.org/2013/03/skilled-worker-visa/

Our old friend Don Tennant, who we used to call Mumbai Don for his pro-slumdog coverage, has turned a new leaf after the Jay Palmer/Infosys case and is now doing good coverage about a criminal indictment of slumdog bodyshop Dibon Solutions:

http://www.itbusinessedge.com/blogs/from-under-the-rug/u.s.-officials-in-texas-arrest-six-on-charges-of-h-1b-visa-fraud.html

On a personal note, I am now seeing less anecdotal evidence of companies going out of their way to fill their IT staffing needs by hiring slumdogs.  It may take years, but eventually the bottom line catches up to reality and corporations learn what a fraud the typical slumdog programmer is.  Wages are rising in my field, and I am now making close to what I was in the dot-com boom, and 50% more than I made when I was at the notorious Curry Den four years ago. 

 


I have to admit that I was once what you would call a "right-wing wacko" and Paul Krugman was one of my favorite targets.  But like they say, a Democrat is a Republican who hasn't been raped, and a Republican is a Democrat who has not had their job outsourced/off-shored.  I'm have no loyalty to either party, and think both Dems and Republicans are sucking at the tit of the Indian Offshoring Regime and the High-Tech Junta. 

But one cannot argue with Krugman's statement:

Whenever you see some business person quoted complaining about how he or she can’t find workers with the necessary skills, ask what wage they’re offering. Almost always, it turns out that what said business person really wants is highly (and expensively) educated workers at a manual-labor wage. No wonder they come up short.

 

Listen up, you collaborators that like cheap, compliant, foreign scab labor.

THERE WILL BE RETRIBUTION


Finally, somebody besides Don Tennant or Patrick Thibodeau is covering the looming Infosys trial:

 

Infosys Visa Fraud Trial Should Leave CIOs ‘Worried’

Infosys, the Indian IT outsourcing giant, is headed to court this month, to face allegations that it committed visa fraud to bring workers to the United States, and then tried to intimidate a whistleblower. Immigration and outsourcing experts say recent scrutiny facing the practice means CIOs need to be more vigilant when monitoring outsourcing firms who work onsite, or face harm to company reputation, and even legal consequences and the deportation of staff.

The civil suit, filed by a former consultant with the firm, alleges that Infosys improperly used short-term business travel documents, known as B1 visas, to bring Indian workers to the United States to work on client sites. The case will go to federal court in Alabama on August 20, after attempts at a settlement collapsed last week.

Jack Palmer, the former employee, claims he was asked to fill out paperwork for the employee travel visas, falsely representing the purposes of these trips as short visits for meetings. When he refused and reported the violations to the company’s corporate counsel, Palmer alleges Infosys managers retaliated by withholding bonuses and pulling him off job sites. Infosys also did not withhold federal or state taxes from these employees, the suit alleges. Infosys is now the target of a federal criminal investigation, probing its use of visitor visas, the company stated in a corporate filing in May.

“There is not and never has been a policy to use B1 visas to circumnavigate visa policies,” said Danielle D’Angelo, a spokeswoman for Infosys. “We have never retaliated against any employee and any allegations that say otherwise are simply not accurate.”

The practice of improperly using business travel visas is common for outsourcers that send workers to client sites, said Phil Fersht, CEO of HfS, an outsourcing research firm. The H1B work visa–the appropriate document for longer-term onsite work–costs companies thousands of dollars per employee and the federal government has reduced their availability in recent years. “Outsourcers are trying to get staff to work an engagement as quickly as possible and they will work the system as much as possible,” Fersht said.

CIOs contemplating the hiring of on-site outsourcers can expose their companies to grave reputational harm if they don’t ask the right questions, Fersht said. “They should be worried.”

Even if the client company has no knowledge of outsourcer visa policies, it can be named in legal actions surrounding the case, like numerous Fortune 500 companies named in the Infosys civil case documents. “I don’t think any American organization wants their name attached to foreign employees on incorrect visas, in widely publicized court battles,” Fersht said.

To avoid this reputational harm Fersht says CIOs should push outsourcers to ensure that workers brought into the office are on the correct visa. “They’ve got every right to validate the immigration status of every employee sitting in their office.”

James Nolan, a New York-based immigration attorney, says CIOs who use outsourcers could also find themselves in legal hot water if they help facilitate a visa under false pretenses. CIOs may be asked by a foreign outsourcer to provide the “welcome” document needed for a business travel visa, which states that an outsourced employee is coming into the country for a meeting or training. But if he knows the worker will actually do longer-term work onsite, he could be committing immigration fraud, Nolan said. “If it’s ongoing and systematic, they could be prosecuted,” he said.

CIOs who use outsourcers who are not aboveboard on immigration issues also risk being left with projects incomplete, if a crackdown leads to workers being deported, said Ben Trowbridge, CEO of Alsbridge, an outsourcing consulting firm. “If your provider has to have people sent back, an essential system can go down because of the disruption to the team,” Trowbridge said.

http://blogs.wsj.com/cio/2012/08/01/infosys-visa-fraud-trial-should-leave-cios-worried/

 


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.



- Vineet Nayar, CEO, HCL Technologies

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