Tunnel Rat posted on July 11, 2014 13:13

I hate to just re-post all the time, but Patrick Thibidodeau at Computerworld has been doing some amazing work lately uncovering the invasion of Curry Scented Wage Pirates.  He used be one of the doom-and-gloomers who wrote that American IT pros were fucked, but now he is a worthy Insurgent.

Court case offers a peek at how H-1B-fueled discrimination works

One-third of Infosys worksites have 100% Asian workers, lawsuit alleges

Patrick Thibodeau
 
 

July 10, 2014 (Computerworld)

The passage of the Affordable Care Act brought with it a burst of IT spending and hiring. The District of Columbia, for instance, hired offshore outsourcing firm Infosys for $49.5 million to build its Healthcare Exchange.

The India-based Infosys brought in H-1B visa holders to work on the government project. And of the approximately 100 Infosys employees working on the healthcare project, only three were American, according to a civil lawsuit filed in federal court.

The IT professional making the claim, Layla Bolten, has a degree in computer science and has been in IT since 1996. An experienced tester, which is what she was hired for, Bolten often helped less-experienced staff.

But the lawsuit contends Bolten was harassed because she was not Indian and excluded from work conversations by supervisors who spoke Hindi. People with less experience were promoted over her, and she eventually quit.

Bolten is one of four IT workers from around the country suing Infosys for "ongoing national origin and race discrimination." The lawsuit claims that "roughly 90%" of Infosys workforce is South Asian, the result of "intentional employment discrimination."

Infosys has filed a motion for dismissal on a number of technical and legal claims. The case awaits a ruling on that motion from a judge in the Eastern District of Wisconsin, where the suit was filed late last year.

Infosys officials were asked for comment beyond the dismissal request but did not immediately respond.

Whether this lawsuit is eventually dismissed, settled out of court, or goes to trial, is another matter. But the case offers insight into a contentious issue that is central to the ongoing H-1B debate.

Discrimination by race, age and sex is the leading criticism leveled at the H-1B visa program. The plaintiffs in this particular case are only making a claim of discrimination by national origin, and their case presents new facts to support itself.

The U.S. Equal Employment Opportunity Commission collects workplace data from employers with more than 100 employees. This data is kept confidential, unless it comes out in a court case or is voluntarily disclosed.

While few companies disclose this information, some tech companies are starting to do so. In May, Google released its workplace data, which is otherwise known as the Employer Information Report or EEO-1. It showed that 30% of its employees are women, 61% are white, 30% are Asian, 4% are of two or more races, 3% are Hispanic, and 2% are black.

When it released the data, Google said in a statement: "We're not where we want to be when it comes to diversity. And it is hard to address these kinds of challenges if you're not prepared to discuss them openly, and with the facts."

Infosys does not voluntarily disclose its diversity data for its U.S. workforce.

But the plaintiffs in the lawsuit were able to this get federal demographic data. Infosys was required to report the demographic make-up of any location at which it employs at least 50 people, according to the lawsuit. In 2012, there were 59 such Infosys sites across the U.S. that met that threshold. The lawsuit said that for more one third of the sites - 21 -- Infosys reported that 100% of the employees are Asian. For 53 of the 59 sites, at least 94.5% of the employees were Asian. The lowest percentage of Asian employees at any site was 73.8%.

Infosys is among the top three users of the H-1B visa, and H-1B workers are predominately from India. Approximately 58% of all the H-1B petitions approved in 2011 were from workers born in India; in 2012, that figure was 64%, according to U.S. Citizenship and Immigration Service (USCIS) data.

Offshore firms mostly hire H-1B workers from India, according to data obtained by Ron Hira, an assistant professor of public policy at the Rochester Institute of Technology in New York. His data shows that 97% of the H-1B visa workers hired by Infosys were from India. Other large offshore firms had similarly high percentages.

While age discrimination is not part of this lawsuit, the USCIS data helps to illustrate why critics believe H-1B workers are used to replace older workers. Of all the H-1B petitions approved in 2012, 72% were for workers between the ages of 25 and 34; in 2011, that figure was even higher, 74%.

There is no available government data on the sex of H-1B workers, but the IEEE-USA estimates that at least 80% of H-1B workers are males.

It is a fair question to ask, as the lawsuit contends, why Infosys only had three American workers working on the District of Columbia's healthcare exchange. The Washington D.C. area does not lack people with tech skills. Of the largest metropolitan areas in the U.S., Washington has the most people with advanced degrees, (22.9%) and bachelor degrees (48%).

The District's government has made hiring locally a priority. Several District officials were contacted for comment about whether the apparent use of a large number of foreign workers on a government contract is in line with hiring goals, but none responded.

 covers cloud computing and enterprise applications, outsourcing, government IT policies, data centers and IT workforce issues for Computerworld. Follow Patrick on Twitter at Twitter @DCgov or subscribe to Patrick's RSS feed Thibodeau RSS. His e-mail address ispthibodeau@computerworld.com.

See more by Patrick Thibodeau on Computerworld.com.

 

READ THE COMPLAINT HERE : 

http://www.scribd.com/doc/175546283/Amended-Complaint-Infosys

Posted in:   Tags: ,

Comments (15) -


United States seeing things
July 12. 2014 13:50
seeing things

It's good to see the publicity - the building where they were working was basically flooded with the H1bs and it was all very hush-hush for months. My state senator complained about the DC exchange in one of his consitituent email.  I explained to him why.
Have a look at the NYT letter from Bill Gates, Warren Buffett and Sheldon Acheson - gotta love most of the comments out there, we are not alone.
www.nytimes.com/.../...-on-immigration-reform.html


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United States Tipster
July 13. 2014 08:14
Tipster

In the US of 2014, it is not racist for minorities to hire only their ethnic group. However, it is racist for white people to even think of hiring a white person, even if they are adequately qualified.


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Kuwait Anonymous
July 13. 2014 13:05
Anonymous

The same issue was discussed in an Indian newspaper also.

Only ONE SANE Indian commented:-

" Americans are actually far more creative and truly hard working. They are justified in voicing their grievances. Look at us. Are we not agitating daily over our fishermen's rights versus SriLankan fishermen....Then why find fault with Americans."


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United States Boss
July 13. 2014 23:59
Boss

Was 9/11 really an Inside Job? After reviewing this documentary, and checking the evidence, I think the answer will be clear to you.
Sorry , 9/11 attacks are not IT related. I put this here just to demonstrate how much our government care for Americans. They don't even hesitate to do massacre ,like 9/11, for corporations. God Bless America!!

https://www.youtube.com/watch?v=n_fp5kaVYhk


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United States James
July 15. 2014 04:49
James

Can 4 million American workers go rob jobs in India? No, they would be murdrered if that happened. But if you are Americans who happened to have created something the rest of the world just happens to want, then they are completely justified just WALKING into your country and robbing you blind. And you can't say anything about it.

Asia for Asians
Africa for Africans
White countries for EVERYONE


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United States Mark
July 16. 2014 06:58
Mark

Sounds like the RICO hammer needs to be used against Infoshit and the bodyshopping industry.  With the clients indicted for conspiracy.  


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United States Mark
July 16. 2014 08:40
Mark

www.dailytech.com/.../article36220.htm

If Microsoft lays off 10% of their workforce, the H-1B's should be sent packing first.  


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United States Boss
July 16. 2014 21:15
Boss

The Securities and Exchange Board of India Tuesday slapped a penalty of Rs 1849 crore on Satyam Computer Services.

www.moneycontrol.com/.../...-earnings_1128084.html


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United States Boss
July 17. 2014 20:43
Boss

After H4 EAD 'ADMIN FIX' , Obama comes with another 'ADMIN FIX' to flood US with Indians. Removing dependents from total GC count in Employment category is a death sentence to American IT. US will  be flooded with people from slums..

www.computerworld.com/.../Obama_has_big_options_for_green_card_H_1B_reform_without_Congress_


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United States USCitizen
July 18. 2014 00:21
USCitizen

Wonderful.
The bigger question...
Why the heck did the government hand the contract out to Infosys ?

And why the F do you want to work for a company like Infosys? My guess is because she could not find anything better for her skills.

If you work for a crappy company, you will feel crappy.


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United States USCitizen
July 18. 2014 00:28
USCitizen

Laughing my ass off reading the comments.
Come on, unionize , let's do this the union way. Oh wait, that would be a problem, because none of the real engineers who have no trouble finding jobs in any economy don't want to be part of any f'ing union.


Wishful thinking of the fat couch potato types like James that sit on their ass all day long in his moms basement eating lays chips, drinking bud and farting all day long.lol


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United States James
July 18. 2014 05:16
James

We all know Nutella is laying off Americans and shipping jobs to India. It's what Indians do. They are the conmen of the world.


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United States James
July 18. 2014 05:17
James

Microsoft will be just like Sun in another 5-10 years.

Companies ruined or almost ruined by imported Indian labor

Adaptec – Indian CEO Subramanian Sundaresh fired.

AIG (signed outsourcing deal in 2007 in Europe with Accenture Indian frauds, collapsed in 2009)

AirBus (Qantas plane plunged 650 feet injuring passengers when its computer system written by India disengaged the auto-pilot).

Apple – R&D CLOSED in India in 2006.

Apple – Indian national and former Goldman Sachs board member Rajat Gupta charged with leaking Intel and Apple secrets over the phone.

Australia’s National Australia Bank (Outsourced jobs to India in 2007, nationwide ATM and account failure in late 2010).

Barclays Bank – UK executive management was corrupted by Shriti Vadera, the Indian-origin economist. His advice led Barclay’s CEO and other execs to rig Libor interest rates.

Bell Labs (Arun Netravalli took over, closed, turned into a shopping mall)

Boeing Dreamliner ES software (written by HCL, banned by FAA)

Bristol-Myers-Squibb (Trade Secrets and documents stolen in U.S. by Indian national guest worker)

Caymas – Startup run by Indian CEO, French director of dev, Chinese tech lead. Closed after 5 years of sucking VC out of America.

Caterpillar misses earnings a mere 4 months after outsourcing to India, Inc.

Circuit City – Outsourced all IT to Indian-run IBM and went bankrupt shortly thereafter.

Cisco – destroyed by Indian labor, laid off 55,000 in 2012, going down the drain.

ComAir crew system run by 100% Indian IT workers caused the 12/25/05 U.S. airport shutdown when they used a short int instead of a long int

Computer Associates – Former CEO Sanjay Kumar, an Indian national, sentenced to 12 years in federal prison for accounting fraud.

Deloitte – 2010 – this Indian-packed consulting company is being sued under RICO fraud charges by Marin Country, California for a failed

solution.

Dell – call center (closed in India)

Delta call centers (closed in India)

Duke University – Massive scientific fraud by Indian national Dr. Anil Potti discovered in 2012.

Enron, WorldCom, Qwest, and Tyco all hired large numbers of foreign workers from India before their scandals.

Fannie Mae – Hired large numbers of Indians, had to be bailed out. Indian logic bomb creator found guilty and sent to prison.

Goldman Sachs – Kunil Shah, VP & Managing Director – GS had to be bailed out by US taxpayers for $550 BILLION.

GM – Was booming in 2006, signed $300 million outsourcing deal with Wipro that same year, went bankrupt 3 years later

HP – Got out of the PC hardware business in 2011 and can’t compete with Apple’s tablets. HP was taken over by Indians and Chinese in 2001.

So much for ‘Asian’ talent!

HSBC ATMs (software taken over by Indians, failed in 2006)

IBM bill collecting system for Austin, TX failed in 2012 written by Indians at IBM

Intel Whitefield processor project (cancelled, Indian staff canned)

Intel – Trade secret stolen by Indian national Biswamohan Pani in 2012.

JetStar Airways computer failure brings down Christchurch airport on 9/17/11. JetStar is owned by Quantas – which is know to have outsourced

to India, Inc.

JP Morgan – Outsourced subsidiary & IT integration to India in 2009 for $400 million, lost $2 billion in 2012.

Kodak: Outsourced to India in 2006, filed for bankruptcy in Jan, 2012.

Lehman (Jasjit Bhattal ruined the company. Spectramind software bought by Wipro, ruined, trashed by Indian programmers)

London Olympics 2012 Security – Botched by India’s G4S

Medicare – Defrauded by Indian national doctor Arun Sharma & wife in the U.S.

Microsoft – Employs over 35,000 H-1Bs. Stock used to be $100. Today it’s lucky to be over $25. Not to mention that Vista thing.

MIPS – Taken over by Indian national Sandeep Vij in 2010, being sold off in 2012.

MIT Media Lab Asia (canceled)

MyNines – A startup founded and run by Indian national Apar Kothari went belly up after throwing millions of America’s VC $ down the drain.

Nomura Securities – (In 2011 “struggling to compete on the world stage”). No wonder because Jasjit Bhattal formerly of failed Lehman ran it.

See Lehman above.

PeopleSoft (Taken over by Indians in 2000, collapsed).

PepsiCo – Slides from #1 to #3 during Indian CEO Indra Nooyi’ watch.

Polycom – Former senior executive Sunil Bhalla charged with insider trading.

Qantas – See AirBus above

Quark (Alukah Kamar CEO, fired, lost 60% of its customers to Adobe because Indian-written QuarkExpress 6 was a failure)

Reebok – Massive fraud and theft in India second in size only to Satyam fraud

Rolls Royce (Sent aircraft engine work to India in 2006, engines delayed for Boeing 787, and failed on at least 2 Quantas planes in 2010, cost

Rolls $500m).

SAP – Same as Deloitte above in 2010.

Singapore airlines (IT functions taken over in 2009 by TCS, website trashed in August, 2011)

Skype (Madhu Yarlagadda fired)

State of Indiana $867 million FAILED IBM project, IBM being sued

State of New York – Hired Indian-infested CSC in 1998 to build a new system, was 33 months late and $166 million over budget, a cost

overrun of 47 percent. And then the system failed. So much for “they can do it better, cheaper, faster”. CSC also holds the sole contract for

NC’s Medicaid system redesign. That project is hundreds of millions over budget and years late. India, Inc. is taking its time to maximize the

amount it can grift out of America.

State of Texas failed IBM project.

Sun Micro (Taken over by Indian and Chinese workers in 2001, collapsed, had to be sold off to Oracle).

UK’s NHS outsourced numerous jobs including health records to India in mid-2000 resulting in $26 billion over budget.

Union Bank of California – Cancelled Finacle project run by India’s InfoSys in 2011.

United – call center (closed in India)

US Navy F-18 jet crashes into Virginia apartment building on 4/6/12 after outsourcing F-18 work to India’s Tata.

Victorian Order of Nurses, Canada (Payroll system screwed up by SAP/IBM in mid-2011)

Virgin Atlantic (software written in India caused cloud IT failure)

World Bank (Indian fraudsters BANNED for 3 years because they stole data).


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United States Poonibaba
July 18. 2014 22:28
Poonibaba

Everything these slumdog curry niggaz touch turns to shit.  I wouldn't trust them to wipe their own asses either.


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United States Boss
July 20. 2014 04:36
Boss

Former US employees of India's leading software services firm Infosys have filed a lawsuit against it alleging discrimination because of their inability to communicate in Hindi.

timesofindia.indiatimes.com/.../38599425.cms


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