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 4:41 PM

Black Lives Matter: Why "All Lives Matter" is a False Equivalence

The phrase “All Lives Matter”, used in response to the slogan “Black Lives Matter”, has been causing a lot of controversy. The slogan is sometimes used by “colour-blind” people, who do not see colour as a basis of any of their decisions, and when they hear “Black lives Matter”, they want to add white lives to the mix, not understanding that race causes significant differences in what people face with respect to discrimination. 

In one of the incidents, a man spray-painted ‘White Lives Matter’ on the statue of Arthur Ashe, an African American Tennis legend, who was the first black Wimbledon men’s singles champion. After the man left, some people spray-painted “Black Lives Matter” over the previous paint. The man returned in a while to wipe off that message, and when asked why he had painted “white lives matter” on the statue. According to the video, the man replied "Don't all lives matter? Why is it okay to spray paint on this statue 'black lives matter,' but not 'white lives matter'? What's the difference? They all matter. Everybody matters, right?"

However, John Hayward on Breitbart throws a different light on the use of the all lives matter slogan. It talks about several instances of how people and organizations have used the phrase, like how the local authorities in Frankton, Indiana tried to have it on the side of the police cars out of general goodwill, and did not realize that the phrase was offensive to the Black Lives Matter movement.

The phrase “All Life Matters” may have been used as a slogan for joining all hands together, and expressing the fundamental right to equality. However it is found to be misguided and offensive by many people because they feel that the phrase invalidates the specific difficulties faced by the black community. For explaining this, they draw a comparison: if there is one house burning, if the other houses call out that they want the water poured on them too, that’s just counterintuitive and ignoring the burning house. Another comparison is that at a dinner table, a child has half a portion and the other has a whole. When giving another half a portion to the child with less food, if the other child demands half a portion too, it is evident that the child with the full portion is ignoring the fact that the other one has only the half. 

The intention about the usage of the phrase “All Lives Matter” doesn’t matter; it still negatively affects the “Black Lives Matter” movement. Speaking of “All Lives Matter” in response to someone asserting that “Black Lives Matter” is walking over the struggles that black people specifically face and it is a false equivalence.

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