India's largest company by market capitalization, Tata Consultancy Services (TCS) is facing US jury for its alleged discriminatory recruitment policies across US offices. During the ongoing lawsuit, (Buchanan vs Tata Consultancy Services) in Oakland, California, chief plaintiff Brian Buchanan, along with four others, has stated that he had been fired by TCS despite possessing the needed skills and experience for the job position.
According to the complainants, since 2011 TCS has fired 12.6 percent of its non-South Asian employees compared to just 1 percent of South Asian workers. On the other hand, TCS has denied all allegations of discrimination, telling the jury that the plaintiff was removed from his position due to performance-related concerns. TCS has about 400,000 employees worldwide and is valued at a whopping USD 100 billion for the financial year ending in March 2018. It is to be noted that the majority of TCS's revenue is made from outsourcing services in the US.
Alleged bias to favor South Asian workers
The plaintiffs have stated that TCS has been following a "systematic pattern" of discrimination by favoring Indian expatriates and visa-ready workers from India for its offices located in US. The complainants have also alleged that this practice at the American offices of TCS has led to a staff which is 80 percent South Asian, far above the actual 12 percent representation of South Asians in the total US IT workforce.
Kotchen & Low LLP, the law firm representing the plaintiffs is also reportedly filing lawsuits against other outsourcing companies on grounds of alleged bias for South Asian workers in their recruitment process. These lawsuits come at a time when the Trump administration in Washington has been stringently practicing protectionist policies related to foreign jobs. The US government under Trump has already changed the H1B visa requirements governing the temporary employment of foreign workers, resulting in a dramatic rise in visa denials to South Asian workers.