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CA employment lawyerIn the current political climate, immigration is a hot-button issue. As a result, it is increasingly likely now for employees to find immigration-related issues spilling over into the workforce. As a form of employment discrimination, it cuts both ways in the San Jose area. While foreign-born workers with green cards and work permits have long faced harassment and unfair treatment on the job site, in the local tech industry there are claims that visa holders have a distinct advantage.

Accusations that Tech Companies Favor Visa Holders

Tata Consultancy Services Ltd., a company with revenue over $19 billion in the past fiscal year which has launched a customer collaboration center and digital re-animation studio in Silicon Valley, was recently cleared of charges that they engaged in discriminatory hiring practices. The ruling stems from a lawsuit filed in Oakland federal court against the company in 2015. At that time, company workers alleged in a class action lawsuit that Tata discriminated against non-Asian workers. In addition to unfair hiring practices, the plaintiffs claimed that American employees were more than 13 times more likely to be fired than their Asian counterparts.

The original complaint was filed by an IT worker, who claimed roughly 95 percent of Tata’s 14,000 US employees were of Asian descent. He also cited the fact that Tata was the second largest company in the country in terms of hiring workers under the H-1B Visa program. H-1B visas allow companies to recruit and bring into the country foreign-born workers who are highly skilled in their fields. Tata is not the first American company to face these accusations. The U.S. Department of Labor found Cisco Systems guilty of the same types of charges.

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age discrimination, San Jose employment law attorneys, age discrimination lawsuits, Workplace Discrimination, Workplace Discrimination lawsuitWhile prior work experience and proven years of success in a particular industry looks good on a resume, many companies still prefer employees who are young and can project a youthful appearance. Unfortunately, age discrimination is alive and well, and it is not just small, independent companies engaging in it. Some of the biggest names in corporate America have found themselves at the center of lawsuits. Consider the following subtle signs that age discrimination that may be a problem in your own workplace.

Age Discrimination Lawsuits

An April 2018 report by the Washington Post announced that the National Football League (NFL) was recently named in a federal age discrimination lawsuit, filed by ex-security officials who were replaced during the previous season. A total of nine men in their 60s and 70s filed against the sports giant, claiming they were unfairly replaced by younger workers after a new security chief was installed.

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employment discrimination, San Jose workplace discrimination attorneys, immigrant job discrimination, Workplace Discrimination, national origin discriminationThe current political climate and recent changes in government policies have taken a heavy toll on the immigrant population. In addition to the fear of being targeted for hate crimes and abuse, they also face a greater likelihood for employment discrimination. While local leaders and community members have taken a stronger stance in general to provide support for people from other countries and to protect them in our community, the fact is there are still those who hold strong opinions on nationalism and reflect those in their business practices. The following highlights important information about the immigrant population in our area and the hurdles they can face in the job market.

San Jose is Home to a Diverse Population

According to the National Immigration Forum, San Jose is home to a diverse population of individuals and extended family members, of whom more than 35 percent are immigrants from other countries. The largest percentage of foreign born residents in our area come from places throughout Asia and Latin American, as well as from African nations, such as Ethiopia.

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San Jose employment law attorneys, age discrimination, age discrimination claim, workplace discrimination, Workplace discrimination lawsuit, workplace discriminationOlder workers offer years of accumulated knowledge, training, and experience on job sites, thus making them valuable employees. Unfortunately, in the fast-paced employment market surrounding the San Jose area, these qualities may be overlooked or under appreciated.

Age discrimination continues to be a problem, robbing employees of opportunities, salaries, and benefits they would otherwise be entitled to. Hiring, firing, and making any other employment decisions based on age is against the law in California and in other states. Consider the following four signs that might prove problematic in your workplace. 

How to Determine if Age Discrimination is a Factor at Your Job

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age discrimination claim, San Jose age discrimination lawyer, California employment law, workplace discrimination, Workplace discrimination lawsuitEmployment law in the United States makes it illegal for employers to deny or limit the employment opportunities available to job applicants and employees based on their advanced age. Therefore, a California worker who has been discriminated against in the workplace based on their age and, as a result, has suffered an adverse employment action (for example, has been denied employment, had his or her pay reduced, was refused employment benefits, had his or her hours cut, was terminated, etc.) can file an age discrimination claim if he or she is of a qualifying age.

There are several different laws under which an age discrimination claim can be filed and the majority of these claims are filed under the federal Age Discrimination in Employment Act (ADEA). Consider the following information as to how one can pursue an age discrimination claim under the ADEA.

Pursuing an Age Discrimination Claim Under the ADEA

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