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 4:52 PM

Persecution of Uighur Muslims in China and the silence of Muslim Countries

Uighur are natives of  Xinjiang province of China who are Muslims and regard themselves as culturally and ethnically close to Central Asian nations. Xinjiang province has been under the control of China since it was annexed in 1949 and many Uighurs still identify their homeland by its previous name, East Turkestan. There are around 11 million Uighurs in Xinjiang and China claims that Uighurs hold extremist views that are a threat to national security.

In 2017, the Xinjiang government passed a law prohibiting men from growing long beards and women from wearing veils and dozens of mosques were also demolished.

As per the report of UN Committee on the Elimination of Racial Descrimination, the Chinese government has detained at least one million Uighurs in the detention camps in Xinjiang, China. After denying the existence of the camps for a long time, when the photos of the camps emerged, the Chinese government called them “re-education centres'' for Uighurs though the former detainees said they were detained, interrogated and beaten because of their religion, and not “re-educated.”

In July 2019 to the U.N. Human Right Council, 22 countries, mainly European countries, responded to “disturbing reports of large scale arbitrary detentions of Uighurs” and condemned the Chinese leadership.

Four days later, 37 countries, defended China’s “remarkable achievements in the field of human rights” by protecting the country from “terrorism, separatism and religious extremism.” The list of the 37 countries also included Muslim-majority countries like Saudi Arabia, Pakistan, Egypt, Qatar etc.

At the end of October 2019, 23 countries including France, the United Kingdom, United States denounced the repression of the Uighurs at the UN Committee on Social, Humanitarian and Cultural Affairs. Nevertheless, Beijing won the support of 54 countries, who praised the Communist Party’s management of Xinjiang.

In February 2019, Saudi Arabia showed their “respect” for Xi Jinping, the Chinese leader before they signed major commercial contracts with China. Egypt wants Beijing to finance its infrastructure and hence allowed the Chinese police to interrogate Uighur exiles on its soil in 2017. Pakistan, who has talked about the mistreatment of Rohingyas, has been silent on Uighurs since the Chinese Belt and Road Initiative is going on in the country.

Even Iran, who issues occasional criticism wants support from China and hence keeps the criticism coded. “There is a lot of sympathy for the Uighurs in Turkey, but the reality is that Erdogan needs China as an ally for economic reasons and to counteract the West’s diplomatic pressure on issues like Syria,” said Rémi Castets, a political scientist.

In 2017, the Organisation of Islamic Cooperation responded very differently to the Rohingya Crisis (Myanmar’s military crackdown on the country’s Rohingyas), where countries like Saudi Arabia, Iran and Turkey defended the rights of the Muslim minority group in Myanmar and actively condemned the treatment of Rohingyas in the UN Human Rights Council in Geneva.  

The question here arises is that contrary to the sentiments of their citizens, why do Muslim states stay silent over China’s abuse of the Uighurs?

Sophie Richardson, the director of China at Human Rights Watch, has a short and simple answer — there is less solidarity for Uighur than Rohingyas or Palestinians because China has managed to win these countries’ support due to its economic might.

Only time will tell how long these countries will continue to give preference to the economic interests over the anti-China sentiments of the citizens.

Read More