Cognizant Technology Solutions Corp., the biggest U.S. sponsor of H-1B visas for foreign information technology specialists, says a civil rights lawsuit accusing the firm of bias against workers who aren’t from India is all wrong.
Three former employees claim they were forced out of their jobs and replaced with “less qualified” South Asians after being poorly treated by their Indian supervisors and colleagues, given unjustifiably low performance ratings and denied promotions.
The company contends that what it’s accused of isn’t covered by federal civil rights law.
The Civil Rights Act of 1964 “prohibits discrimination on the basis of race, but plaintiffs’ factual allegations, on their face, plainly pertain to a claim of discrimination based on national origin — not race,” Cognizant said in a court filing. It also said the complaint is clearly targeted at “visa holders, but visa-status allegations have nothing to do with race.”
The lawsuit is part of a broader backlash by white IT workers against the visa program that allows U.S. companies to bring in foreign workers for job openings they say can’t be filled otherwise. President Donald Trump tapped into this discontentment to capture the White House in 2016.
Trump’s “Buy American and Hire American” executive order, signed last April, seeks to ensure that American workers aren’t unfairly disadvantaged by employers who allegedly abuse the H-1B visa program.