US jury claims Cognizant discriminated against non-Indian workers, firm to appeal

San Francisco, Oct 8: A jury at a district court in the US has found that tech major Cognizant allegedly discriminated against non-Indian workers in the Silicon Valley, asking for punitive damages against the company. According to multiple reports, the jury verdict against Cognizant came in a class action lawsuit that claimed that the tech firm abused the H-1B visa process which is intended for workers with specialised skills.

The class action lawsuit claimed that “Cognizant ousted many non-Indian workers” by first taking them off projects and “benching” them without work, then keeping them benched until firing them in accordance with a company policy, reports Siliconvalley.com. Cognizant said it was “disappointed” and would appeal against the verdict.

In a statement, the company said “We provide equal employment opportunities for all employees and have built a diverse and inclusive workplace that promotes a culture of belonging in which all employees feel valued, are engaged and have the opportunity to develop and succeed”. “Cognizant does not tolerate discrimination and takes such claims seriously,” it added.

The tech company obtains H-1B visas for hundreds of Indian citizens to work in Bay Area jobs per year. Data from 2023 showed that Cognizant placed H-1B holders at Bay Area employers ranging from Google, Meta and Apple to PG&E, Kaiser Permanents and Walmart.

As per the lawsuit, “Cognizant has used policies and practices related to hiring, promotion, and termination of individuals that have had a disparate impact on the basis of national origin and race harming those who are not of South Asian race or Indian national origin that are neither job related for the positions at issue nor consistent with business necessity”.

The class action suit is based on a complaint by Washington, DC based law firm boutique on behalf of employees who said they were discriminated against non-Indian workers.