Lawsuits vs. Top Visa Sponsors are Growing
Discrimination of US Workers and Favoritism of South Asian Workers
Prior to the recent notice of lawsuits against Cognizant Corporation on CBS News March 8, 2019, a case was filed against Accenture Corporation, which massively employs foreign workers in the U.S., with the most lucrative contracts in the Federal and State sectors nationally.
The case of Bayat vs. Accenture unveils the system-wide injustice that U.S. workers face when foreign workers are brought across U.S. borders en masse, with large firms literally robo-signing them to displace US workers. Noteworthy in the Bayat case is the use of discriminative pretexts for termination and discharge in violation of the Title VII and other Civil Rights act constitutional protections.
This case also shifts the focus from H1B LCA wage violations to the burden of U.S. workers due to high volume of H1B workers driving U.S. layoffs and reducing wage growth. These companies are hiring more foreign H1B workers directly from inside the U.S. than they hire U.S. workers. Moreover, U.S. workers are training offshore workers to get themselves replaced as a condition of their employment.
Injunctive relief in the case was sought to freeze H1B application filings of Accenture until the statistics are brought to light in the case. Such a remedy would have profound implications upon the practice of displacing U.S. workers, making this case unique and powerful.
Bayat's allegations have led to damage claims for multiple counts of discrimination greater than $14 million. One of the pernicious areas of discrimination discovered in this case is the fact that Accenture is discharging U.S. workers without disclosing the job cuts to the SEC and the Department of Labor.
Experienced US workers are particularly subject to discharge in order to filter in lower wage workers. In the field of Information Technology, this trend is endemic and notorious with most global corporations. Top name corporations such as Microsoft, Apple, and Google utilize such "professional services" as those of Accenture. The Bayat case will be one of the first to examine H1B statistics to expose the gravity of the issue in Federal court. As of this date, Accenture has refused to disclose the actual numbers of foreign workers it sponsors in New York City, Hartford, and Boston.
In these kinds of cases, whistle-blowers of discrimination and workplace retaliation have no recourse other than state and federal courts.
Atila Bayat - Plaintiff
Page Updated Last on: Mar 21, 2019