US workers file discrmination lawsuit - claim H1-B workers replaced them

[roxiejules]

Fired IT workers file lawsuit claiming H-1B workers replaced them

Workers file suit against Molina Healthcare and its outsourcer, Cognizant

http://www.networkworld.com/news/2011/071211-fired-it-workers-file-lawsuit.html?page=2 - via Network World


Eighteen IT workers in California have filed a lawsuit against their former employer claiming they were replaced by H-1B workers from India and then laid off in violation of the state's anti-discrimination laws.

In the lawsuit, the 18 workers say that IT managers at Molina Healthcare Inc. increasingly catered to the Indian workers while leaving U.S. workers, mostly security analysts and programmers who earned at least $75,000 a year, feeling excluded prior getting laid off last year.

The lawsuit says that on Jan. 14, 2010, one day after the U.S. Department of Labor approved Cognizant's application for 40 H-1B workers, Molina fired 40 programmers, security analysts and managers. It also claims that the wages for the H-1B employees were approximately 50% less than that paid to their American counterparts.

The lawsuit also alleges that in 2007 and 2008 "Molina learned of numerous material violations of HIPAA (Health Insurance Portability and Accountability Act) but did not take any action with respect these violations." When Molina's IT department runs a test on new software projects, the IT employees are required to mask the data embedded in the software to protect privacy, according to the lawsuit. The suit alleges that that Molina's H-1B employees would send patient names, Social Security numbers, addresses, birth dates and full medical files to employees in India.




MEANWHILE......

Cognizant spending large sums on lobbying in the US

http://articles.economictimes.indiatimes.com/2011-07-08/news/29751947_1_software-companies-visas-h-1b - India Times


BANGALORE: Lobbying has been a taboo for India's wildly successful software companies: that distasteful activity was supposed to be the preserve of those looking to prosper from the licence permit raj. And anyway, their markets were mostly overseas.

But now, in the home of free market capitalism, as their encounters with disguised protectionism grow more frequent, the 'L' word does not appear so dirty any more. That is why, while America keeps inventing reasons to make it harder for them to do business, many Indian software companies are spending large sums hiring professional help to win friends and influence people in their biggest market.

At stake is over $30 billion in business every year, about half of India's total outsourcing revenue. Cognizant, which is headquartered in the US but employs over 80% of its staff in India, spent $350,000 during the first quarter this year. Two years ago, it hired Robert Hoffman, a Capitol Hill regular, to lead its lobbying efforts.

Cognizant, which counts JPMorgan among its top customers, spent $350,000 during the first three months of this year lobbying for repatriation of foreign earnings, among other issues. It also lobbied to 'educate' members of the Congress about the impact of visa fee increases and spent around $60,000 during October to December, 2010.

[FreakinDJ]

1. Well - what do all the H1B advocates have to say

I used to work in the electronics industry and have known this to be true since the 80s

Too many here at DU think me crazy but the H1B visa program was lobbied for by the "Electronics Manufacturing Association" just to depress wages of American workers

[Lasher]

3. I don't think you're crazy about that.

Not one tiny bit.

[roxiejules]

5. Tech firms invent shortage panic...

so they can pay below market wages.

Then Bill Gates invents school crisis to bust teacher's union to lower wages and privatize.

Notice a pattern?



http://www.ajc.com/opinion/tech-firms-invent-shortage-190632.html

[2Design]

7. exactly this has been hurting american IT workers since the 80's

[FreakinDJ]

10. Tell me about it - I was working on Radar Systems in the 80s

next to Silicon Valley. I saw it coming and was 1 of the lucky ones to make it out with a career

Its been 1 of those National News Stories that never made the news. Local radio talk shows would some times have a couple of representatives of little known group opposed the well financed interest of Multinational Electronics Corps discussing it on the radio. But it never made the national News Media. To bad the Electronics Workers in the Silicon valley never sought Union Representation. It would have at least slowed the progression.

Oh and how these same companies would shit all over the Indian Nationals once their usefulness was all used up

[JDPriestly]

9. Of course you are right, FreakinDJ.

[Ragnarok]

2. These lawyers...

...should take a look at Accenture and what's been going on in IT at State Farm, Target and Cargill!

[OhioChick]

4. This program needs to end given our current economic climate n/t

[somone]

6. Charity begins at home

[JDPriestly]

8. I wish the plaintiffs and the lawyers God Speed.

It won't be easy.

[xchrom]

11. Recommend