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#1 modi123_1   User is online

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Koehler's class action discrimination complaint vs Infosys

Posted 06 August 2013 - 01:15 PM

This has been an interesting read over the afternoon.

The what:


Brenda Koehler, an IT worker with 17 years of experience, alleges that Infosys ignored her qualifications and eventually hired a Bangladeshi worker to staff a position she was qualified for.
Koehler, a VMware-certified professional network engineer with a master's degree in information systems, was denied a lead VMware/Windows administrator position at Infosys, the lawsuit alleges.

"Ms. Koehler's experience is not unique," Donna Conroy, director of Bright Future Jobs, a group advocating for U.S. tech workers, said in an email. "High-tech companies claim they can't find Americans to fill U.S jobs, when, in fact, they are rejecting talented Americans -- as this lawsuit reveals."

Discussion of why this is wrong:


Infosys has about 15,000 employees in the US "and approximately 90 percent of these employees are of South Asian descent (including individuals of Indian, Nepalese, and Bangladeshi descent)," the lawsuit states.

Infosys allegedly achieved this ratio "by directly discriminating against individuals who are not of South Asian decent in hiring, by abusing the H-1B visa process to bring workers of South Asian descent into the country rather than hiring qualified individuals already in the United States, and by abusing the B-1 visa system to bring workers of South Asian descent into the United States to perform work not allowed by their visa status rather than hiring individuals already in the United States to perform the work." Infosys "used B-1 visa holders because they could be paid considerably lower wages than other workers including American-born workers," the lawsuit states.



Koehler's suit attempts to establish a pattern of discrimination by citing the experiences of former Infosys employee Jay Palmer, described as a whistleblower who brought attention to the company's hiring practices.

"While working on the assignment at Vinings, Georgia in December 2008, Infosys employee-whistleblower Jay Palmer claims that another Infosys employee wrote “Americans cost $,” and “No Americans/Christians” on a whiteboard," the lawsuit states.

After Palmer started complaining, he received two telephone calls in which the caller said, “Why are you doing this, you stupid American, we have been good to you," the lawsuit states. Such messages allegedly continued in 2011, including a typewritten note that said, "Just leave your [sic] not wanted here hope your journey brings you death stupid american," and an e-mail that said, “if you make cause for us to sent [sic] back to india [sic] we will destroy you and your family.”

Palmer reported the harassment, "but Infosys did not take significant steps to investigate or prevent future issues," Koehler's lawsuit states.

The actual complaint.

... from the complaint - the desired outcome:


WHEREFORE, Plaintiff Brenda Koehler and the Class pray for relief as follows:98.

Certification of the case as a class action pursuant to Federal Rule of CivilProcedure 23;99.

Designation of Plaintiff Brenda Koehler as a representative of the Class;100.

Designation of Plaintiff’s counsel as Class counsel;

A declaratory judgment that the practices complained of herein are unlawful and

19violate Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000,
et seq.

A permanent injunction against Infosys and its officers, agents, successors,employees, representatives, and any and all persons acting in concert with them, from engagingin unlawful policies, practices, customs, and usages set forth herein;103.

Order Infosys to adopt a valid, non-discriminatory method for hiring;104.

Order Infosys to post notices concerning its duty to refrain from discriminatingagainst employees on the basis of national origin or ancestry;105.

Order Infosys to pay Plaintiff and the Class compensatory damages for the harm
they suffered as a result of Infosys’s violations of Title VII

Award Plaintiff and the Class prejudgment interest at the prevailing rate on thecompensatory damages as a result of
discriminating against them in violation of TitleVII;107.

Award Plaintiff and the Class exemplary and punitive damages;108.

Award Plaintiff her
reasonable attorney’s fees, expert witness fees, expenses, and
costs of this action and of prior administrative actions; and109.

Award Plaintiff and the Class such other relief as this Court deems just andappropriate

This is an interesting class action.. so it's not just a complaint, but it is looking to really stick it to them. I fully give a 'here-here!' to this. If this goes well maybe it'll put a bit of fear into the other companies that shake down the B-1 visa system. Of course this may go poorly and just disappear with no change in sight. I don't know how the District Courts of 'Sconsin sway. Anyone up there have an idea?

It seems like this could be a pretty large case - does anyone know of folks contemplating jumping in?

I've had a feeling a few consulting groups I looked into dropped me because of my status.. they did a pity interview, but that's about it. On the flip side I've seen some pretty shady recruiters try and coach a job position requirement change to make a particular h-1 candidate more.. er.. fitting. *sigh* Very jank.

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Replies To: Koehler's class action discrimination complaint vs Infosys

#2 DarenR   User is offline

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Re: Koehler's class action discrimination complaint vs Infosys

Posted 06 August 2013 - 01:28 PM

I have a feeling that all the suing parties will "magically" have accidents or disappear.

also if you look at their board there are 2 token white guys-----that lady was screwed from the start

This post has been edited by DarenR: 06 August 2013 - 01:31 PM

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