Cognizant favoured H-1B holders over non-Indian Workers: US Court

Cognizant Technology Solutions has been found guilty of discriminating against non-Indian employees in favour of workers holding H-1B visas, a US jury has ruled, reported Bloomberg. The verdict, delivered in a Los Angeles Court, found that the company engaged in unfair practices that harmed its non-Indian workers, leading to punitive damages for those affected.

This case dates back to 2017 when a class-action lawsuit was filed against the IT giant, accusing it of bias in its employment practices.

The lawsuit was brought forward by three employees who identified as 'Caucasian' & claimed they were unfairly treated. The employees said they were benched for five weeks without being assigned work & were eventually replaced by workers from India who were ready to take on US-based assignments.

The case had previously gone to trial, but the jury had failed to reach a verdict, resulting in a deadlocked jury. However, this time, the jury ruled in favour of the plaintiffs. The court found that Cognizant had given preference to South Asian workers, many of whom were on H-1B visas, at the expense of non-Indian employees.

Cognizant has expressed its disappointment with the jury's decision & plans to appeal the verdict.

In a statement, Jeff DeMarrais, a spokesperson for the company, said, "We provide equal employment opportunities for all employees & have built a diverse & inclusive workplace that promotes a culture of belonging in which all employees feel valued, are engaged & have the opportunity to develop & succeed."

Cognizant, based in Teaneck, New Jersey, is one of the largest IT services companies in the US & has been a major player in the H-1B visa program. According to US Citizenship & Immigration Services, from 2013 to 2019, Cognizant had the highest number of H-1B visas among US employers. The H-1B visa program allows US companies to hire foreign workers for specialised roles, but it has also faced criticism for being used to replace local employees with lower-cost foreign labour.

The case in Los Angeles, titled Palmer v. Cognizant Tech. Solutions Corp., focused on claims that non-Indian employees were unfairly treated when it came to job assignments & promotions. The plaintiffs argued that Cognizant systematically favoured Indian & South Asian employees, many of whom were on H-1B visas, when filling roles within the company.

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