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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
Nishitha Mandava
North America

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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

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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 4:45 PM

COVID-19 and Hungary’s steep slide towards Authoritarianism

The Hungarian Prime Minister, Viktor Orban, has used the pandemic of coronavirus to turn Hungary into an authoritarian system. This undermines the fundamental principles of democracy and rule of law in a way that is hard to reconcile as necessary for public health. On 30th March 2020, the Hungarian government passed a bill in the parliament which approved granting his government emergency powers.

Critics have said that the emergency of the coronavirus pandemic has turned Hungarian democracy into a dictatorship. This bill, which turned into a law, diminishes the Parliament’s check on the executive power. This means that elections and referendums will be delayed indefinitely.

Political commentator Zoltan Cegledi told BIRN, “Hungary’s already run as an illiberal democracy, the government’s will to destroy, limit and exhaust democracy is permanent. Its future victims will be the remnants of autonomy. Even before the pandemic threat, they [the government] tried to besiege cultural institutions and representatives while attacking judicial independence.”

The legislation under the law also allows up to five years of imprisonment for anyone who publishes false or misleading information that alarm or agitate the public or undermine the government’s “successful protection”. This also means that it is easy for the executive powers to jail the journalists for doing their job. Political Capital Institute, a Budapest-based think tank also wrote “The remaining checks and balances in Hungary will cease to exist and the country will likely witness a new wave of attacks against the free press,” while analysing the bill.

Crucially, the Bill on Protection Against Coronavirus, now a law, does not have any sunset clause. This means the law allows the government to decide when (or if) to end the state of emergency. Hungary’s democratic opposition said that even though they had concerns over a number of elements in the bill, they were willing to overlook it in the emergency situation as long as the sunset clause was introduced. However, the ruling party had made it clear that it was not willing to back down over the sunset clause.

Lydia Gall, a senior researcher at the Human Rights Watch said that Orban had already “weaponized coronavirus to stoke xenophobia” after claiming that coronavirus was imported to Hungary by Iranian students.

The question now arises is why Orban is doing this? There are two reasons. One, this labels the opposition as the “supporters of the coronavirus”, instead of supporters of the people, which will win his government the political debate in advance. Two, Orban sees this as the perfect time for a power grab. Every country is dealing with how to save the lives of its citizens and avoid a total economic collapse- this makes the country more inward-looking, which means that the foreign policy, in general, becomes less important and human rights and the rule of law in other countries become issues of less importance for most politicians and citizens, even though that should not be the case. When there is a death threat, the citizens of a country have a more narrow view. This is how Orban’s strategy of a power grab would work perfectly in the time of an emergency like a pandemic. Rights groups and government critics have said that while it is clear that coronavirus brings extraordinary challenges, there need to be checks and balances in place for the government, especially given Orban trying to challenge the democracy of Hungary since the past ten years since he has been in power.

Orban is not alone in seeing the pandemic as an opportunity to invoke emergency powers and turn a democratic state into an authoritarian one. But this enabling act represents his latest step along the autocratic path he embarked on a decade ago.

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