USA: Indian tech giant TCS accused of favouring Indian candidates in hiring practices

Mumbai-headquartered Tata Consultancy Services (TCS) has been accused of discriminatory hiring practices in the United States. The company is facing a class action lawsuit in the US over allegations of favouring Indian and South Asian candidates during its hiring practices.

Shawn Katz, a former TCS employee for nine years, is seeking relief for alleged discrimination. The class action lawsuit will be heard at the US District Court for the District of New Jersey.

Katz has alleged that the TCS favours Indian or South Asian individuals while making hiring-related considerations and it is biased towards them, Economic Times reported.

“As per policy, we can’t comment on sub judice matters,” TCS was quoted as saying by Economic Times.

A class action lawsuit is a type of lawsuit where one of the parties is a group of people who are represented collectively by a member or members of that group for having suffered a loss of similar nature.

TCS is accused of “knowingly and intentionally creating and maintaining an overwhelmingly disproportionate workforce in the United States that consists of approximately 70 per cent South Asian employees”.

Katz’s complaint alleges that TCS has used discriminatory policies and practices related to hiring, staffing, promotion, and termination described herein that have resulted in a disparate impact on non-South Asians and non-Indians who, as a result, are disproportionately not hired, not selected for positions, not promoted, benched, and/or terminated.

“These practices are neither job-related for the positions at issue nor consistent with business necessity.”

Katz has claimed that the Human Resource acquisition strategies of the TCS are maintained in a way to attract and favour Indian candidates. He further alleged that TCS offers better career growth opportunities to candidates on visas over non-Indian and non-South Asian candidates. 

Earlier in 2018, TCS had won a similar lawsuit filed by its three former employees at a California district court.

In June 2022, Google agreed to pay $118 million to settle a lawsuit claiming the tech giant had discriminated against women in pay and promotions.

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