What I like about this case is that Ralph DeVito, a fellow insurgent, is not only suing Infosys, but also Monster.com.  Monster, like Dice.com, is another criminal enterprise that aids and abbets the slumdog slave traders by running their discriminatory ads placed by Desi bodyshops.

Infosys job ad automatically rejected older workers, claims lawsuit

New Jersey man said he was automatically excluded from job because, at 58, he has more than 25 years of experience

Patrick Thibodeau

March 17, 2011 (Computerworld)

A federal lawsuit claims that requirements in job ads posted by India-based offshore company Infosys Technologies automatically discriminate against older workers.

Ralph DeVito, a New Jersey resident who filed the lawsuit, had applied for two tech job openings advertised by Infosys on Monster.com.

One Infosys job posting set a "maximum experience" requirement of 15 years, and another set a limit of 25 years.

DeVito filled out the online forms but his applications "were immediately and automatically rejected" because he didn't satisfy the maximum experience requirements, according to his lawsuit.

DeVito, who was 58 when he applied for the jobs, has more than 25 years of experience in the jobs sought.

"Simply doing the math, 25 years' experience boxes out anyone who is over 40," said John Roberts, an attorney at Arseneault Whipple Fassett & Azzarello in Chatham, N.J., who represents DeVito.

Infosys said it doesn't comment on pending litigation.

Monster Worldwide was also named in the lawsuit. A spokesman for the jobs site said that "all the processes therein were designed and controlled by Infosys and hosted on Infosys website."

The lawsuit contends that Monster should have known that "maximum experience" requirements "constituted a de facto age limit."

According to the lawsuit, DeVito believed he had met the job requirements.

One of the job ads, provided by his attorney, sought a senior principal infrastructure consultant. Among the skills required was the ability to demonstrate expertise in at least one core infrastructure area -- systems management, operations, database management or network management.

The experience requirement in the ad was exceedingly narrow. It sought a candidate in an "expected experience range" of between a "minimum 12 years & maximum 15 years."

As a rule, job ads that appear to have tailored requirements have drawn the attention of H-1B opponents. Companies hiring prospective foreign workers carrying a a green card, which allows permanent residency, must first advertise the job to show that no qualified Americans are available for it.

A videotape of a workshop for lawyers about this process, distributed on YouTube by the Programmers Guild, however, explained how employers can legally reject qualified U.S. applicants.

The Infosys job ads cited in the lawsuit appeared in mid-2009.

DeVito initially filed a complaint with the U.S. Equal Employment Opportunity Commission. In November, the EEOC, in a letter to DeVito, wrote, "We found that you were discriminated against in violation of the ADEA (Age Discrimination in Employment Act)."

The EEOC also told DeVito that it was unsuccessful in an attempt "to facilitate a successful conciliation" between the parties. The EEOC decided not to bring a lawsuit, but told DeVito that he had a right to sue. The EEOC doesn't file lawsuit every time it rules a complainant was discriminated against.

That lawsuit was filed late last month.

According to U.S. labor data, the recession hit older tech workers hard. For computer professionals, age 55 years and older, the unemployment rate jumped overall from 6% to 8.4% from 2009 to 2010. For men it was 8% and for women, 9.4%.

Most of Infosys workers in the U.S. are from India and are using either H-1B or L-1 visas. But a recent lawsuit also cites its use of the B-1 visa, a visitor visa. Last fall Infosys said it had plans to hire 1,000 U.S. workers.

DeVito is seeking a jury trial and damages.

Comments (3) -

United States Drifter
March 21. 2011 16:17

The house of cards is coming down.

Satyam, WiPro, Infosys... all involved in fraud. But we knew that anyway... it's the only way they know how to do business.

The truth always comes out.

no site

Canada ezygoer
March 22. 2011 23:27

It's just a labor arbitrage game - with everyone out to make a buck !

So Infosys discriminates in the US and IBM screws workers in N.America by hiring 80K in India at a quarter of N.American wages - all doing more to "help" N.American businesses. What a sham and so destructive to the N.American labor force.

In India CNBC was reporting workers who were laid off just killed the CEO - so how many of these "maderchods (CEO's, lobbyists and members of Congress)" have got away in N.America ?

no site

United States James
March 23. 2011 01:13

Not only that but Wipro CSO (Chief Slumdog Officer) Azim Premji just resigned and he put some other dothead in there. Why? Because he knows the s*** is going to hit the fan real soon over all the massive fraud Wipro has comitted in the USA over the past 13 years. He will slink away to some ashram with his billions stolen from USA never to be heard from again. There is no justice outside America in a globalized world.


no site

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