Big win for TCS: US Jury clears IT major of anti-America bias

By: | Updated: November 30, 2018 7:19 AM

A jury in California rejected claims that Tata Consultancy Services (TCS) discriminated against American workers in favour of staffing its US offices with Indians.

TCS, anti america bias, US jury, HCL, Infosys, wipro, US IT workforceTCS attorneys argued the company had no incentive to discriminate, having spent millions of dollars on building a local talent pool in the US.

A jury in California rejected claims that Tata Consultancy Services (TCS) discriminated against American workers in favour of staffing its US offices with Indians. The verdict is a major victory for TCS, whose business model depends heavily on exporting engineers to the US. A federal jury in Oakland, California, on Wednesday sided with TCS against four ex-employees who claimed they’d been sidelined and fired because they aren’t South Asian.

The case was the first of several accusing India’s big IT firms of hiring bias in the US to go to trial. HCL, Infosys and Wipro face similar claims. “This is a shot in the arm for the industry, which has not seen anything positive come out on the US visa regulation front for some years,” said Anurag Rana, an analyst with Bloomberg Intelligence.

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The trial cast a spotlight on work-visa programmes that companies use to bring overseas workers to the US, a practice president Donald Trump has criticised in his protectionist push. TCS, Asia’s largest outsourcer, and rivals Infosys and Wipro have all been squeezed by the Trump administration to hire more Americans on US soil.

The ex-employees who sued had accused TCS of a “systematic pattern and practice of discrimination” by favouring Indian ex-pats and visa-ready workers from India for US positions. That has resulted in a workforce that’s almost 80% South Asian, far greater than the 12% representation of South Asians in the US IT workforce, according to the complaint.

At trial, the plaintiffs cited statistical evidence that the odds of race and national origin not being a factor in TCS’s termination decisions are less than one in a billion. They said that since 2011, the company fired 12.6% of its non-South Asian workers in the US, compared with less than 1% of its South Asian employees.

TCS attorneys argued the company had no incentive to discriminate, having spent millions of dollars on building a local talent pool in the US. Employees were terminated because they were unwilling to move to cities in the US where TCS needed more engineers, the company said.

“We have always maintained the claims made in this case were baseless, and we are gratified that the jury agreed,” Ben Trounson, a spokesman for TCS, said in an emailed statement after the verdict. “The decisions we make about the hiring and retention of employees are based purely on their abilities and fit to serve our clients’ specific needs.”

TCS employs more than 400,000 people worldwide, is valued at about $100 billion and posted revenue of $19 billion for the fiscal year that ended in March. Most of its revenue comes from the US, and its primary customers are in the financial services sector.

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