Saturday, August 8, 2020

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

This article is by

Share this article

Article Contributor(s)

Nishitha Mandava

Article Title

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

Publisher

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.

Support us to bring the world closer

To keep our content accessible we don't charge anything from our readers and rely on donations to continue working. Your support is critical in keeping Global Views 360 independent and helps us to present a well-rounded world view on different international issues for you. Every contribution, however big or small, is valuable for us to keep on delivering in future as well.

Support Us

Share this article

Read More

July 17, 2021 6:39 PM

How facebook helps the Authoritarian Regime in Vietnam

The ability of coercing American tech giants like Facebook into compliance is definitely a talking point to brag for the Vietnamese leaders. In October 2019, Facebook’s CEO Mark Zuckerberg stated that “Facebook stands for free expression. In a democracy, a private company shouldn’t have the power to censor politicians or the news.” However, Facebook’s double standard is no novelty. In August 2019, the Minister of Information and Communications, Nguyen Manh Hung took the parliamentary floor and stated that Facebook was restricting access to “increasing amounts” of content in Vietnam. Further, Hung stated that Facebook was complying with 70-75% of the Vietnamese government’s requests for post restrictions. In October 2020, this number went up to 95% for Facebook. Facebook acknowledged that the amount of content on which restrictions were imposed jumped by over 500% in the second half of 2018 alone.

Unlike China, Vietnam has adopted a relatively open attitude to western social media. Vietnamese politicians consider social media beneficial, perhaps it helps the promotion of their missions, personal agendas and even propagandas. In fact, Vietnam happens to have a military unit—called Force 47—with the purpose to correct “wrong views” on the internet. Whereas, there is no set set definition of the “wrong views,” people—if found guilty—can be jailed upto 20 years.

Furthermore, blocking western social media might not be in the self-interest of Vietnam, as doing so can hamper relations with the U.S.—with whom Vietnam desires to strengthen ties. The top communist strata of Vietnam for decades, have been single-minded on what they identify as “toxic information”. The definition of “toxic information” has only broadened over the years and has enabled the authorities to bend the term as per their whims. Vietnamese leaders have misused the threat of “toxic information” by branding content unfavorable to their regime with the term.

Facebook removed over 620 supposed fake accounts, over 2,200 links and several thousand posts which are deemed to be ‘anti-state’ from Vietnam in 2020. In a country without independent media, Vietnamese people are reliant on platforms like Facebook to read and discuss vital and controversial issues such as the dispute in Dong Tam. Dong tam is a village outside Vietnam’s capital, Hanoi, where residents were fighting the authorities’ plans to seize their farmlands in order to build a factory. 40-year-old Bui Van Thuan, a chemistry teacher and blogger, showed his solidarity to the fight and condemned the country’s leaders in one of his Facebook posts which stated “Your crimes will be engraved on my mind. I know you, the land robbers, will do everything, however cruel it is, to grab the people’s land.” On government’s insistence, Facebook blocked his account the very next day preventing over 60-million Vietnamese users from seeing his posts. A day later, Dong tam village was stormed by police with grenades and tear gas. A village leader and three officers were killed just as Thuan had anticipated. Thuan’s account remained suspended for three months after which Facebook informed him that the ban would be permanent. “We have confirmed that you are not eligible to use Facebook,” the message read in Vietnamese. Towards the end of murder trial held over the clash, a Facebook spokesperson said Thuan’s account was blocked due to an error and the timing of the lifting of restrictions was coincidental. The spokesperson denied censoring profiles as per the demands of the government. Thuan’s blacklisting illustrates how willingly Facebook submits to the authoritarian government’s censorship demands.

In April 2018, 16 activist groups and media organizations and 34 well-known Facebook users wrote an open letter to the CEO Mark Zuckerberg, accusing Facebook of assisting Vietnam to suppress dissenting voices. Force 47 or E47, a 10,000-member cyber unit was singled out in the letter. The letter called the unit “state-sponsored trolls” that spread misinformation about the Vietnamese pro-democracy activists.

Force 47 was deployed in 2016 by the state to maintain a “healthy” internet environment. The cyber unit took advantage of the very apparent loophole in Facebook’s community guidelines which automatically removes content if enough people lodge a complaint or report the post/account. The letter alleged that the government used Force 47 to target and suspend accounts or content.

According to a report by The Intercept, the modus operandi of E47 is that a member shares a target who is often a pro-democratic political dissident writer or activist. The information of the target who is nominated for censorship is accompanied with an image of the target with a red “X” marked over it. Anyone interested in victimizing the target needs to just report the account or post for violating Facebook’s pliant community standards regardless of whether the rules were actually broken. The E47 users are asked to rate the targeted page one out of five stars, falsely flag the post and report the page itself.  

Do Nguyen Mai Khoi, a singer and a pro-democracy activist, popularly known as “the Lady Gaga of Vietnam” has been tirelessly trying for over two years to get Facebook to care about the censorship in Vietnam. She has tried to get Facebook’s attention to the fact that groups like Force 47, a pro-government Facebook group of police, military, and other Communist party loyalists have actively been collaborating to suppress the voice of dissidents both offline and online. Her evidence has been substantial and her arguments carry ample clarity. Despite several interactions with Alex Warofka, a Facebook product policy manager for human rights, Mai khoi’s efforts have not been sincerely addressed. Instead, what they claimed was more infuriating. They said “We were not able to identify a sufficient level of community standards violations in order to remove that particular group (E47) or those particular actors.” Since E47 actors are under real names, photos and authentic identities, Facebook dismissed Mai Khoi’s evidence. “At a high level, we require both widespread coordination, as well as the use of inauthentic accounts and identity,” Warofka told Khoi.

Dipayan Ghosh, a former public policy advisor at Facebook and the co-director of the Digital Platforms & Democracy Project at Harvard’s Kennedy School stated:

“I think for Zuckerberg the calculus with Vietnam is clear: It’s to maintain service in a country that has a huge population and in which Facebook dominates the consumer internet market, or else a competitor may step in. The thought process for the company is not about maintaining service for free speech. It’s about maintaining service for the revenue.”

It wouldn’t be surprising to note that the inconsistency of Facebook’s ostensible community guidelines and policies extend beyond Vietnam. In 2016, during the time of political unrest in Turkey, access to Facebook and other social media were repeatedly restricted and further complied to the Turkish government’s request to restrict 1,823 pieces of content which the government deemed unlawful. In 2018, Facebook owned Instagram complied with demands of the Russian government to remove content related to opposition activist Alexei Navalny’s anti-corruption investigation therefore making it inaccessible for over 5 million users who watched and followed Navalny’s investigation. Facebook also routinely restricts posts that governments deem sensitive or off-limits in countries including Cuba, India, Israel, Morocco and Pakistan.

While the CEO of Facebook, Mark Zuckerberg, claims that the platform protects free expression, Facebook has been an active facilitator and flag-bearer of autocratic regimes. The social media giant’s apparent indifference and ignorance has failed its users terribly.

Read More