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Disputes Over Immigration Practices at Core of Worker Discrimination Claim in San Jose

Posted on in Employment

CA employment attorneyIt can be challenging enough to get ahead in some industries due to large pools of qualified candidates and fierce competition for jobs. Unfortunately, in addition to making it harder to find a position, these are also the types of circumstances under which employment discrimination is most likely to occur. While these cases tend to involve minorities in other areas of the country, the makeup of the workforce in San Jose often results in discrimination claims taking a different form.

San Jose Woman Accuses Tech Firm of Favoring Indian and Asian-American Employees

Asian-Americans and Indian immigrants dominate many of the tech firms in Silicon Valley. While these workers might represent a minority in some other places, they are the majority in the tech industry in the San Jose area. A local woman recently filed a lawsuit that as one of the sole caucasian workers at her company, she was discriminated against by her employers on the basis of her gender, nationality, and skin color.

The woman claims she was hired as the director of business development by tech company Happiest Minds, which has its U.S. headquarters in San Jose, early in 2018. As 90 percent of the firm’s workforce is either Asian-American or Indian and most top-level executives are male, she found herself to be in an exceedingly small minority. Among the specific incidents she cites as rising to the level of discrimination include:

  • Being asked to wait outside executive meetings while the men had discussions or being left out when important matters were conducted strictly in Hindi
  • Having to perform menial tasks that were outside her job description and well below her position with the company
  • Facing higher goals than others in similar positions, with less help or support

Despite experience, a stellar employee record, and a proven track record of success in her role, the woman was abruptly fired once an immigration work permit for a less qualified Indian man was approved.

Immigration Issues at Center of Discrimination Claim

At the center of the lawsuit is controversy over immigration practices employed by technology companies in the area. Many rely on H-1B visas, which are non-immigrant, temporary work permits that are frequently used to bring in managers and business executives from a company’s offices in other countries.

Silicon Valley tech companies have pushed to increase the current H-IB visa cap of 85,000. However, denial rates for these visas have surged over alleged abuses. Intended for people who perform jobs requiring specialized skills, critics claim that tech companies are using the H-IB visa to replace U.S. employees while driving down wages.

Contact Our San Jose Attorneys Today

At the Jachimowicz Law Group, we hold employers accountable for discriminatory actions and unfair hiring or labor practices, so that those victimized can get the compensation they are entitled to in a claim. Call 408-246-5500 or contact our skilled San Jose employment law attorneys online and request a free consultation to discuss your case today.

 

Sources:

https://www.mercurynews.com/2019/09/09/h-1b-san-jose-tech-firm-discriminated-against-non-indians-favored-visa-holders-lawsuit-claims/

https://my.uscis.gov/exploremyoptions/h1_visas_for_temporary_workers

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