
(Image source from: The Economic Times)
The United States district court has refused a fresh trail in a discriminatory case filed against India-based largest IT company Tata Consultancy Services (TCS) by local employees.
California jury had rejected claims that the Indian IT firm was biased towards Indian staff in its United States offices. The IT firm was accused of recruiting preferably Indian nationals instead of Americans.
The jury denied the motion by three former TCS workers last week. According to plaintiffs, the jury returned the verdict “against the great weight of the evidence” and that “incorrect evidentiary rulings led to an unjust result.”
The court in its order stated that “even if it were an error to exclude plaintiffs’ hiring-related exhibits, the verdict was not likely affected by that exclusion”.
In reference to testimony submitted by Ashok Seetharaman, the then deputy head of Human Resource at TCS, the court said, “even if it were an error to allow Mr Seetharaman’s testimony, the verdict was not likely affected thereby, because TCS presented other, similar evidence in support of the verdict…”
During the jury trial, Seetharaman had presented testimony stating 845 employees became unallocated (or benched) to projects, based on reasons like customer escalation or performance issues and/ or violation of TCS policies.
The Indian IT firm during the trial presented evidence that the non-south Asians in inquiry were fired not on grounds of discrimination but due to relocating issues or the employees were challenging to work with, among other reasons. The company later said that decisions on hiring and retention of employees were made “irrespective of their background or national origin…”
TCS had earlier tried to get the lawsuit dismissed but in vain as a federal judge denied the request, leading to a court trial last year.
The trial of TCS put the work visas in spotlight which are used to bring overseas employees to the United States, granted to IT companies.
By Sowmya Sangam