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IT Worker's Lawsuit Accuses Tata of Discrimination 294

dcblogs writes An IT worker is accusing Tata Consultancy Services (TCS) of discriminating against American workers and favoring "South Asians" in hiring and promotion. It's backing up its complaint, in part, with numbers. The lawsuit, filed this week in federal court in San Francisco, claims that 95% of the 14,000 people Tata employs in the U.S. are South Asian or mostly Indian. It says this practice has created a "grossly disproportionate workforce." India-based Tata achieves its "discriminatory goals" in at least three ways, the lawsuit alleges. First, the company hires large numbers of H-1B workers. Over from 2011 to 2013, Tata sponsored nearly 21,000 new H-1B visas, all primarily Indian workers, according to the lawsuit's count. Second, when Tata hires locally, "such persons are still disproportionately South Asian," and, third, for the "relatively few non-South Asians workers that Tata hires," it disfavors them in placement, promotion and termination decisions.
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IT Worker's Lawsuit Accuses Tata of Discrimination

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  • by LifesABeach ( 234436 ) on Thursday April 16, 2015 @12:21PM (#49486447) Homepage
    Corporations are people to, and they speak; how?
    • by Anonymous Coward on Thursday April 16, 2015 @12:33PM (#49486567)

      Corporations are people to, and they speak; how?

      "How" is American Indian. South Asian Indian is "Namaste".

    • corporation : person :: money : speech

    • Perhaps they should throw the corporation in jail then.
      By the way, a company named "tata" is sued for discrimination and it's not sexual? I guess nobody there had very nice ta ta's. Seriously, Tata?!?!? WHO PICKED THAT?!
      • Seriously, Tata?!?!? WHO PICKED THAT?!

        Seriously, who picked Ta Ta's as a slang term for boobs? Tata industries was founded by Jamshedji Tata in 1868.

        • by afidel ( 530433 )

          Considering it comes from High German/Old English I think it's been used as slang for a lot longer than that!

  • by Kagato ( 116051 ) on Thursday April 16, 2015 @12:23PM (#49486467)

    My first experience with them was back in 1999. They came into our office saying they could provide programmers at 60% of the cost of the existing contractors. Even less if we were willing to hire a woman.

    • by papamicd ( 963952 ) on Thursday April 16, 2015 @12:45PM (#49486669)
      So, how did she do?
    • by Anonymous Coward on Thursday April 16, 2015 @03:14PM (#49488213)

      I can't speak to Tata, but I have worked with teams who were receiving outsourced projects (they were in India), with Indian developers working for customers in Boston, and with Indian developers and QA from an Indian firm in Ottawa, plus sundry individuals on other projects over the last 15-20 years.

      I have found them a fairly mixed bag. Some had English challenges which made communication difficult. That was amplified by their tendency to claim they understood everything even when they did not. There was also a cultural (corporate or national I'm not sure) where, when asked when something could be ready, they'd identify a date that they couldn't meet (and that those of us posing the question were pretty sure they couldn't meet). We ended up having to allocate twice the time they allowed or more. From a QC perspective, we often had bugs entered with "X doesn't work" without detail of how this notion was arrived at, without the QC having read the spec to see (in many cases) that this was "as designed", or without having repeated the test in different respects to be sure the feature was truly broken, etc.

      In my general experience, there were some top notch people there as well. Those ones were smart but were humble enough to not worry about asking a question if they had one (and I never bit off heads when questions were asked). Some of the smartest, without a doubt, and the most willing to learn and not try to just claim a knowledge they hadn't bothered to study deeply, were the female employees.

      On one project, the smartest person on the team was the female QC in India. She was constantly talked over by the males on the team who knew less than she did. I think there's a culture of chauvanism in operation in parts of India, even in tech. We found we often were further ahead to skip talking to her in group teleconferences with her and the males on the team and just talk to her separately - she didn't report bugs that weren't, did identify the surrounding circumstances and edge cases that were related, documented things well, and if she wasn't sure if it was a bug, she asked for some insight into how the system worked and then used that knowledge subsequently. I wish she'd been local because I'd have recommended hiring her for the long term.

      I have run across some managers who were with our Indian partners and I found them to be too willing to say yes to things they could not deliver and then full of excuses when they could not. They didn't seem to understand we had some idea of what was actually doable and how long it should take and promising incredibly unlikely speed meant we didn't believe them (and it turned out to be right as they often did a half-assed job of testing in those cases).

      I like working with Indians generally. They've all been nice folk, even the ones that I thought were too busy trying to look smart and in the know to actually ask the questions they needed to know to learn what they needed to learn. The only things I didn't like were the sly/oily managers trying to sell us BS and call it broccoli and the chauvanistic behaviour shown towards female Indian IT workers.

  • by Anonymous Coward on Thursday April 16, 2015 @12:27PM (#49486505)

    Not that Tata isn't crooked but I wouldn't be surprised if the number of western programmers applying was lower too. Seriously, if you've worked with Indians before, why would you even consider a workplace that was stuffed with them?

    • by Cederic ( 9623 )

      Yeah, I'd hesitate to join Tata based on my experience of their management practices and the quality of their staff.

      That's got fuck all to do directly with the race of their employees though, so doesn't explain why local hirees have such an unrepresentative demographic.

  • by Anonymous Coward on Thursday April 16, 2015 @12:29PM (#49486527)

    get rid of the H-1B job lock and set a high min wage for them maybe with X2 OT (or ever higher min wage) at 60-80+ hours a week. Then the issue will go away.

    • by Sir_Eptishous ( 873977 ) on Thursday April 16, 2015 @01:18PM (#49487021)

      get rid of the H-1B job lock and set a high min wage for them maybe with X2 OT (or ever higher min wage) at 60-80+ hours a week. Then the issue will go away.

      What! Are you crazy or something man?!? You can't do that, Zuckerberg, Gates and the Chamber of Commerce wouldn't have it!

    • by nobuddy ( 952985 )

      Easier- require the job be independently categorized (prevents high end programmers listed as "janitorial staff") and the pay rate has to be set at 150% of the current median pay for the area for a US worker in that position. And THEN they must list that job exactly as categorized for US workers to have the opportunity to apply for- reviewed by the H1b oversight to ensure if there are qualified applicants that they are made an offer at the 150% rate. THEN- if there are really no qualified US applicants- the

  • by Ravaldy ( 2621787 ) on Thursday April 16, 2015 @12:39PM (#49486617)

    We are getting undercut by those wanting to live the same life as us. What these people don't understand is that they are lowering said life style. As an entry to mid level technology person I would be concerned because you are being undercut by people possibly as competent as you minus communication skills. Experienced technology people usually have an edge due to their emersion into the North American corporate culture as well as their generally better communication skills. Keep in mind that I'm generalizing but doing so based on personal experience.

    • by Anonymous Coward

      We are getting undercut by those wanting to live the same life as us. What these people don't understand is that they are lowering said life style. As an entry to mid level technology person I would be concerned because you are being undercut by people possibly as competent as you minus communication skills. Experienced technology people usually have an edge due to their

      immersion

      into the North American corporate culture as well as their generally better communication skills. Keep in mind that I'm generalizing but doing so based on personal experience.

      sigh...

    • by Anonymous Coward

      As competent as you, maybe, but I'd have to survive a dozen strokes to get within striking distance of the best Indian I ever worked with...

      • by afidel ( 530433 )

        One of my coworkers is from India, he's a graduate of the Indian Institute of Technology and he's one of the smartest people I've ever met (I was accepted to MIT and went to RIT so that's not a light compliment). Just because your employer chooses to hire the bottom of the barrel from India doesn't mean there aren't a LOT of smart people from there (or even smart people from there working in IT). It would be hard to have 1.3B people and a history of eduction and NOT have lots of smart people =)

    • by djdanlib ( 732853 ) on Thursday April 16, 2015 @01:19PM (#49487041) Homepage

      We are getting undercut by those wanting to live the same life as us. What these people don't understand is that they are lowering said life style.

      Who's going to stand up and say so, when everyone is so focused on climbing higher in the world themselves to escape the "not as good as it used to be" level they're at now?

      A person who wants a lifestyle of "more", for example everyone ever to exist, doesn't really know what that lifestyle of "more" is actually like, so they have no frame of reference to know if they are damaging it. They just know that it's "more" and therefore must be better than what they have now.

      In their eyes it doesn't matter how much of that cliff crumbles on the way up, because they are still higher up in the world when they get to its summit. Who cares if it's a foot shorter and everyone standing on it is now a foot lower and angry with you, as long as you can see over the heads of your former peers, right? But wait, there's always another plateau just a little higher up.

      That pesky greed thing is innate to human beings. Left to its own devices, it overrides any regard for the wellbeing of others.

    • "What these people don't understand is that they are lowering said life style."

      What do you expect them to think? "Oh, sorry, I don't want to affect your much higher standard of living. I'll just stick to my subsistence living with my postgrad education then."

      Would you care that you were "lowering said lifestyle," if half the standard of living where you're going is multiple times better than the standard of living where you are now? Probably not. I certainly wouldn't.

      The blame doesn't fall on people wan

  • by HouseOfMisterE ( 659953 ) on Thursday April 16, 2015 @12:42PM (#49486631)

    Nature's pillows.

    • I can't believe I had to scroll this far down to get any kind of "tata" joke.

      That said, it's a sad state of affairs when "tata" jokes are the exception in a thread like this, not the rule.

      • by zlives ( 2009072 )

        i blame the vast majority of H1b visa holders that now permeate the marketplace thus diluting the culture where tatas and tata realted jokes were much appreciated.
        also women in the tech market /sarc

    • Mod points please.
  • The "real" law (Score:2, Insightful)

    by MetalliQaZ ( 539913 )

    Doesn't matter what the actual law says. The actual, unwritten law that everyone follows says that you cannot discriminate against straight white men. Lawsuit won't succeed unless they dig up some incredibly damning emails.

    • Re:The "real" law (Score:5, Insightful)

      by quietwalker ( 969769 ) <pdughi@gmail.com> on Thursday April 16, 2015 @01:11PM (#49486951)

      The "actual law" often says that discrimination is behavior towards a member of a legally recognized minority on the basis of their membership in said legally minority. Of course it varies state to state and between municipalities, but that's usually the language of it. It's only the general, unwritten interpretation that provides the vague assurances of "racial discrimination is illegal" or "gender discrimination is illegal" or similar nice-sounding definitions.

      Unfortunately, 'male' and 'white' are not legally recognized minorities, so by many actual, written laws, you cannot discriminate against someone if you disadvantage them because they are either white, or male, in the same way that it's not discrimination if you only hire the deaf over the non-hearing-disabled.

      The same is true of the legal definition of rape in some states; rape is only defined as a male penetrating a female. All other combinations (man/man, female/female, female on man) is considered a lesser form of sexual assault. In these places, a female can never be charged with rape.

    • Actually it's quite easy. All he has to do is show he was passed over for qualified positions.
  • by Anonymous Coward

    The United States is an exception in caring about racial discrimination in the world. This seems to surprise many Americans.

  • It does not work — despite decades of efforts, Blacks [epi.org] and womyn [washingtonpost.com] still earn less than others — for whatever reasons.

    It causes ugly discrimination of other kinds — with government contracts officially favoring womyn-run businesses [cepro.com] and colleges openly penalizing certain races [usatoday.com].

    It costs businesses billions to avoid such lawsuits [activescreening.com], and millions more in damages and fees when the avoidance-efforts fail. And not just businesses — government agencies too pay (with our monies) to avoid being s [govexec.com]

    • by afidel ( 530433 )

      The funny thing about those women favoring contracts, they end fulfilled by a minority woman owned pass-through entity which files the paperwork and the same old contractors do the actual work. That's how a friend of mine described it, he said when he worked for Booze Allen he worked on just such a contract, three minority women had an office in DC where they filed paperwork and passed off the actual fulfillment to his group while they collected their 1-2% management fee. Those three were doing a couple $Bi

    • by AmiMoJo ( 196126 ) *

      Your links don't back up your MRA talking point claims. There is no evidence that equality laws cost businesses "billions". Using the term "womyn" is just plain trolling. There is no punishment of "thoughtcrime" - in order to bring a prosecution there has to be proof of action to discriminate.

  • Race to the bottom (Score:5, Insightful)

    by Sir_Eptishous ( 873977 ) on Thursday April 16, 2015 @01:03PM (#49486859)
    Just another speed bump on the race to the bottom.
  • Yep. (Score:5, Interesting)

    by thermowax ( 179226 ) on Thursday April 16, 2015 @01:06PM (#49486889)

    The comments below that article are interesting, and they- as well as the article- mirror my experience exactly.

    I used to work for a domestic (US) majority (65%+) Indian company. Not small, at least 5,000 people. The CEO and CFO were Indian, and the rest followed. Not knowing their H1-B figures, I distinctly got the impression they were using the place for an immigration/sponsorship factory for their friends, extended family, caste, whatever. Management? Virtually 100% Indian. Layoffs? Huh, no Indians in that round, either. It was pretty obvious how non-Indians were treated like crap, but no one was in a law-suitin' mood because this was just after the dot-bomb crash and tech jobs weren't falling off the trees anymore. I realize everyone is an individual, blah, blah, but it seems endemic to native Indian culture that if you're not Indian you ain't shit.

    I'm probably going to get yelled at for saying this, but the thing that pissed me off the most- another cultural thing- is that they weren't interested in working together (amongst themselves or with non-Indians) to find the best solution to a problem. Technical discussions always degenerated into dick waving arguments. They were more interested in getting *their* solution jammed through for a personal victory than the greater good. It was disgusting.

    • by Tablizer ( 95088 )

      Technical discussions always degenerated into dick waving arguments. They were more interested in getting *their* solution jammed through for a personal victory than the greater good. It was disgusting.

      How is this different from any workplace loaded with geeks? "Tool X is has better flux capacity and washes dishes while juggling. You are using obsolete crap."

      2/3 of the time they just want to use Tool X to get resume experience in it to move on to better-paying buzzword suckers, leaving their steaming experi

      • Snort. It's not always that way. Maybe in any Silicon Valley workplace loaded with semi-adolescent/self-absorbed/hipster geeks and PHBs (I've been there)- but there is actually a subset of the geek population that is quiet, thoughtful, polite, reasonably socially adept, extremely smart, and devoted to the mission over their own personal gain. For optimal results, add good management that recognizes the value of an employee that is a team player and not a prima donna that needs to be "tamed".

        It's about be

    • "They were more interested in getting *their* solution jammed through for a personal victory than the greater good."

      Please -- you just described at least half the population, and probably 90% of managers.

  • It starts.

  • I hate to blow the bubbles, if you go to any branch office of multinationals around the world, you will find the majority of people at the top there are from the origin countries. One would argue that it is only limited to the people at the top, i am sure there is some sort of discrimination taking place but at a lower scale comparing to Tata.
  • by Press2ToContinue ( 2424598 ) on Thursday April 16, 2015 @02:01PM (#49487501)

    And somebody finally said it out loud.

  • I was a local hire (Score:4, Informative)

    by BadPirate ( 1572721 ) on Thursday April 16, 2015 @02:07PM (#49487553) Homepage

    I was a local hire at TATA (TCS) doing software work at Apple... Treated me well enough, however I quickly came to realize there was little chance for advancement / promotion in that track. So I found another job, where the bias was going more in my favor. The racial preference at TCS in the US would be more "awful" if it wasn't just a small coin balancing a big stack of the opposite bias elsewhere in the industry.

  • by ErichTheRed ( 39327 ) on Thursday April 16, 2015 @02:08PM (#49487567)

    I work for a specialty IT services firm. The company is European, I'm an American. Even though we do a lot of the same services that Tata, CSC, Wipro and the others do, the company is single-industry focused and therefore most of our employees have some clue what they're doing. The discrimination claim is going to be nearly impossible to prove unless there's a real smoking gun hanging out there

    The problem with IT services is that when a company outsources their IT, a new layer of abstraction is created between them and their systems. That layer also needs to make money. I know there are MBA accounting tricks that make this arrangement look better on paper, but the reality is that the outsourcing costs more in real dollars and time lost than the company could save by doing it in house. These IT services firms want the maximum profit from the arrangement, so they bill like crazy, and are constantly testing ways to provide the absolute lowest level of service they can get away with. In the case of, say, IBM or Accenture, this is done by swapping the labor out to whatever country is cheapest that year, and only keeping project managers and absolutely key people in high-cost countries. In the case of Tata or Infosys, that's accomplished by a mix of H-1B sponsorships and doing the work in India. The result is very clear, and has been for years -- unless the IT services company is willing to leave some money on the table and someone with a clue at the customer, the customer will get the minimum service level that won't breach the contract, and pay more for bad work product. The problem, like I said, lies in the MBA accounting tricks that make this look like a good idea.

    That said, we have the same problem in our company, but not to the same extent as the complaint alleges. All the top leadership is European, it's been that way for quite a while, and the company is very Euro-centric. What we don't have is what this guy is describing -- our engineering group isn't given crap work assignments, etc. But, I highly doubt anyone from the US could move beyond the VP level. That's fine by me, because I have no ambition to do that. What the lawsuit alleges is that there's no opportunity at the lower ranks either.

    The thing I worry about for the future is firms like Tata squeezing out the entry-level IT jobs that allow IT professionals the ability to learn and grow into better IT jobs. It's not about the people's national origin -- my job involves working with a worldwide group of employees and customers, and there are great, fair and abysmal examples of IT professionals in all countries, all races, etc. Culture can be a problem, especially in mono-culture firms. The root problem is that if someone can make more money as a...whatever...instead of an entry level IT tech, then there will be no more job/career progression for anyone, and the domestic job market in IT will stagnate.

  • My experience is that they have no sense of resource management.

    I started with experience in both networking and database management. I had only basic Perl and BASH experience and two quarters worth of community college VB classes. They of course assigned me to Java development assignment. Where the best Java Dev I was onboarded with, he went to work on a DB project even though he didn't even what it means to normalize a database.

    Over the course of two years with the company (including 3 months of techni

  • by Anonymous Coward on Thursday April 16, 2015 @03:22PM (#49488293)

    Worked with them at Motorola. All non-Indian contracts were not renewed. Friends who were employed by Motorola said we were replaced by them. Was very informative when on mandatory 50+ user HR training calls, the presenters had to be reminded to speak in English for the two non-Indians on the call. How do I know we were the only ones? They asked us to speak up if we needed english.

  • by Livius ( 318358 ) on Thursday April 16, 2015 @05:15PM (#49489219)

    This is Tata's entire business model. They don't even try to be subtle.

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