Saturday, August 8, 2020

The State of California v/s Cisco: America’s first lawsuit against the Caste System

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Nishitha Mandava

Article Title

The State of California v/s Cisco: America’s first lawsuit against the Caste System

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Global Views 360

Publication Date

August 8, 2020

URL

Cisco Headquarter, California, USA

Cisco Headquarter, California, USA | Source: Travis Wise via Flickr

On June 30th, 2020, the U.S state of California filed a lawsuit against the tech company Cisco for discriminating against an Indian-American engineer based on caste. It was filed against the company's San Jose headquarters campus, which has a workforce predominantly of South-Asian origin.

The lawsuit was filed by the California Department of Fair Employment and Housing for discriminating against the employee on the grounds that he belonged to the population that was once known as the ‘untouchables’ under the caste system of India.

The Indian American employee who preferred to stay anonymous named two employees Sunder Iyer and Ramana Kompella, for harassing and discriminating against him based on caste. The two named employees work as supervisors at Cisco and belong to a high-caste.

The suit says that the engineer was allegedly forced to accept the caste hierarchy in the workplace, and when he refused to do so, they isolated him, decreased his role in the team, and reduced his salary. They even retaliated against him and assigned him to work with deadlines that were impossible to meet.

It is alleged that Iyer told other workers that the employee was Dalit and gained entry into the Indian Institute of Technology through affirmative action. The lawsuit further went on to accuse Cisco of failing to take ‘corrective action’ despite multiple investigations.

The Department of Fair Employment and Housing cited this as the civil rights violation of the engineer under Title VII of the Civil Rights Act of 1964, which prohibits workplace discrimination based on race, sex, colour, religion and national origin.

Though the law doesn’t explicitly state discrimination with regards to caste, it does prohibit workplace discrimination that is based on arbitrary factors. Currently, the case is still pending, and Cisco says it intends to ‘defend itself’.

Though this is America’s first case against the caste system, it doesn’t mean it is a new problem, and neither is caste-based discrimination an exclusive issue of Cisco. This issue has been widely prevalent across numerous workspaces in America.

“This is the first civil rights case in the United States where a government entity is suing an American company for failing to protect caste-oppressed employees and their negligence leading to a hostile workplace,” said Thenmozhi Soundararajan, Executive Director of Equality Labs.

Equality Labs is an organisation that seeks to fight against the issue of caste in the United States. The organisation’s survey in 2016 titled ‘Caste in the United States’ found that 67% of Dalits living in America have faced verbal or physical assault at their workspace based on their caste.

The same survey also reports that one in three Dalit students suffered some form of caste-based educational discrimination in the States. Dalit women too face their own set of challenges in workspaces. In addition to facing slurs that are manifested in caste, they are often subjected to sexual harassment in connection to the prevalence of caste-based sexual violence in India.

The lawsuit against workplace discrimination at Cisco has made several Dalit employees across America to come forward and speak up about the harassment they have been subjected to due to their caste. This is why California’s case is especially significant as it sheds light onto the sheer scale of this caste-based discrimination at both the work and educational spaces.

It is a landmark case as it shows that there is a need to include caste in the protected category and enable more such civil rights litigations. It formally recognises the existence of caste elements at work and educational spaces that form the breeding grounds for systematic discrimination, bullying and ostracisation to thrive.

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February 4, 2021 4:46 PM

Electoral Processes in the US: Electing the President

The USA electoral process is a complex one; caucuses and primaries, followed by national conventions, general elections, formation of the electoral college and the selection of the president. Each step of this process has a lot of subtleties, which vary widely from state to state.

Caucuses and Primaries: This is the initial step of the selection of president. This stage of choosing occurs within a political party, where the party picks the candidate to rally behind.

In the state “Primary”', the registered members of political parties cast votes to allocate delegates for the presidential nominees of their parties. In some of the states this is done through caucuses, where groups are formed behind various potential candidates and there is discussion and persuasion between various groups. Republican party allocates all the delegates directly through primary or caucus, however the Democratic party allocates some Super-Delegates over and above the directly elected ones. These selected or allocated delegates are sent to the national party convention to represent their nominees.

In the process occurring between the primaries and caucuses to the selection of the potential electors is decided entirely by the party. The democrats, after the 1968 democratic convention, made a formal mechanism to reduce power of party leaders over the selection process and ways to represent minorities in the electors. This, however, backfired for the party as the delegates selected by primaries voted according to candidates and not the party, which led to the 1972 democratic Presidential candidate to win in only one state. The rules were then reformed and the concept of Super-Delegates was introduced. The Republican party also followed a somewhat similar trajectory, but did not impose as many restrictions on the delegate selection process, and never took measures to include the minorities.

National Conventions: Each parties’ delegates then choose a final presidential nominee at a national party convention. The nominee picks another person, who would be the vice president in the case the nominee wins. Here, there can be pledged or unpledged delegates; pledged ones are bound to support the potential candidates they chose in the previous round, while the unbound, or superdelegates can support anyone they choose.

Electoral College: After each of the parties have selected their presidential candidate, the candidate campaigns across the country to gain favor from the general public. There are speeches, rallies, debates, and other outreach activities, in which the candidates promote themselves. Meanwhile, the parties select some respective potential electors in each state, which are the people who get the last vote in the selection of the president. Each party forms a slate of potential electors according to the state..

General Election:After this, the general election occurs, in which the public votes for a president. However, the public does not directly vote for the president; they vote for the slate of electors for that political party for that state.

After the general election, the Electors are appointed to the state in two ways.. Electors from all the states then form the electoral college, which is the body that votes for the president. The electors are not legally bound to vote for the party they are pledged to, but can be fined or disqualified if they defect. Throughout USA history, though, more than 99% of the electors have voted as pledged.

The electoral college presently has 538 electors and the candidate who wins 270 or more electoral votes, wins the Presidential election.

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