Indian American executive sues Infosys alleging anti-discrimination law violation

Nitin Degaonkar, an Indian American business executive, has filed a lawsuit in the court in Northern District of Texas against Infosys Ltd., alleging violation of workplace laws and anti-discrimination laws by the Indian outsourcing company.

Degaonkar has also claimed that the H-1B visa worker program is wrecking U.S. professionals’ workplaces from coast to coast. He alleged in his lawsuit filed Jan. 6 that Infosys “discriminatingly denied me fair, well-deserved, and rightful opportunities of work, positions, commensurate compensations, promotions, salary raise and opportunities of career advancement on the basis of my national origin as a U.S. Worker, a protected individual and my age.”

According to Breitbart News that published the story about the lawsuit Feb. 5, Degaonkar has a green card and is a legal immigrant with full legal rights against age and national discrimination.

Degaonkar’s lawsuit alleged he was hired by Infosys, one of the earliest and largest Indian outsourcing companies, in January 2017 but was “benched” while Infosys sent imported Indian H-1B workers to fill jobs at U.S. based companies.

“I was denied my rights of working on the projects for a long period of five months and several nonimmigrant H1-B Visa employees were deployed by Infosys … and almost all such vacancies were filled with nonimmigrant H1-B Visa employees with false LCAs (federal documents) by Infosys,” the Breitbart report said quoting the lawsuit.

The report claimed Infosys Ltd. makes money for its shareholders by providing “cheap Indian visa workers” to take college-level jobs in U.S. companies. It said Infosys repeatedly declined to answer questions from Breitbart News.

The Breitbart News report claimed that “Infosys is part of the hidden U.S.-India Outsourcing Economy” where U.S. and Indian companies employ roughly 1.5 million legal foreign white collar visa workers, including about 900,000 Indian graduates.

“This huge visa worker population augments the growing population of college-trained legal immigrants and illegal migrants — and it has pushed huge numbers of American graduates out of jobs and also suppressed their wages,” it said.

It claimed this outsourcing economy has dramatically shifted the demographics of the U.S. workforce and has even made U.S.-born workers a minority in some areas such as Silicon Valley.

Breitbart, which has consistently criticized the H-1B workers’ visa program said in September last year ahead of the Howdy Modi event in Texas that the Department of Homeland Security has again delayed a plan to cancel 100,000 work permits which were printed for the Indian spouses of H-1B visa workers by President Obama.

It said the announcement, by choice or not, “is a political gift to the growing Indian diaspora in the United States, and it comes just a few days before President Trump attends an Indian political rally for the Indian Prime Minister in Houston, on September 22.”

It said as year that many of the Indian H-1Bs serve as the U.S-side of the U.S-India outsourcing economy, and they help export additional U.S. work to at least two million India-based college-graduate workers.

“The outsourcing sends U.S. jobs to India and Indians to U.S. jobs — sharply reducing pressure on employers to pay good wages to younger or older American college graduates,” the Breitbart News said.

Despite such claims, news report in March last year said companies Like Infosys and TCS were hit harder by H1-B rejections in 2018 than Google or Microsoft. While the denials of temporary H 1-B visas for high-skilled workers increased steadily in the last few years of the Trump administration, the action hit consulting companies like TCS, Infosys, and Cognizant Technology Solutions harder than IT giants like Microsoft or Google, reports said.

Big tech companies such as Microsoft, Apple and Google saw H-1B skilled guest worker approval rates “approaching 100 percent” in the fiscal 2018, according to a Bloomberglaw.com report last year quoting new data from U.S. Citizenship and Immigration Services.

Six Indian companies — TCS, Infosys, Wipro, Cognizant, and the U.S. arms of Tech Mahindra and HCL Technologies — accounted for nearly two-thirds of the rejections among the top 30 companies.

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