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

February 4, 2021 4:49 PM

Has Canada’s stand on Israel-Palestine conflict cost it the UNSC Seat

On the 17th of June, 2020, Canada lost its bid for a temporary seat in the UN Security Council, the only UN body which can put binding resolutions on the member countries.. In the competition were Norway and Ireland, which won by 130 and 128 votes respectively where the votes required to secure a seat were 128. Canada, however, fell short by 20 votes.

It is a jolt to Canadian Prime Minister Justin Trudeau who had declared “Canada is back” to the world stage after the conservative government. He had personally campaigned for the seat but Canada received even fewer votes than what it received in 2010 under the conservative government of Stephen Harper. That is why Bessma Momani, a senior fellow at the Centre of International Governance and Innovation, calls it “embarrassing” and a “bit of a wake-up call.”

There have been many mixed reactions within Canada on the reason for the loss as well as the significance of this loss.

A professor at the Munk School of Global Affairs at U of T, Jance Stein, talks about how Canada in UNSC would have got trapped in the crossfire between US-Canada clashes. Andrew MacDougall, the ex-director of communications with the former PM Harper, says “UNSC hasn’t been relevant to global peace and security for more than 15 years”, implying that UNSC seat is not worth much.

There have been many reasons ascribed to the loss, the first and foremost being Canada’s staunch support of Israel. Canada has voted 116 times against UN resolutions for Palestinian rights, against Israel’s occupation, since 2000. It has also not opposed Israel’s planned annexation of the Jordan valley. “Just Peace Advocates” in association with over a hundred non-governmental organizations sent a signed letter to UN members countries, urging them to consider Canada’s votes against Palestinian refugees and illegal settlements while deciding on their votes for UNSC seat. It also pointed out how Canada considers Israel’s illegal territories as a part of it in trade, which is directly against UNSC Resolution 2334 which calls on member states to distinguish between Israel and its new territories occupied in 1967. As majority of the countries in UN show support for the Palestinian cause of a separate state and the well being of the war-wreckin Palestinian citizens, Canada’s unwavering support for Israel might have contributed to its defeat in winning UNSC seat.

Tamara Lorincz, a member of the Canadian Foreign Policy Institute pointed towards a more fundamental issue with Canadian foriegn policy management. He talked about how Canada hasn’t drafted a foreign policy to explain its stances on important global issues, hasn’t set aside enough funds for overseas development aid, has exported weapons to countries like Saudi Arabia, has snubbed negotiations on a treaty against nuclear weapons and many other shortcomings which make it undeserving of the seat.

This development, however, is beneficial for the Palestinians, since Canada would have supported Israel in the UNSC and opposed all such resolutions which may favour Palestinians and are critical to Israel. This loss may also force Canada to give a serious rethink to its Israel First policy. According to a poll by EKOS Research Associates, three in four Canadians want their government to oppose Israel’s annexation plans and 42% of them wanted sanctions against the country. There is also a campaign in Canada which calls on the Prime Minister “to fundamentally reassess Canadian foreign policy.”

It is too early to predict whether the loss of the UNSC seat will trigger some introspection in the foriegn policy circles of Canada or it will be business as usual.

Read More