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 4:54 PM

Relaxed Immigration: The key to rejuvenate aging workforce of Japan

Late in 2018, a bill was passed in Japan to widen the entry of immigrant workers. The bill was to mitigate severe shortage of labor amidst an aging population and falling birth-rates. Prime Minister Shinzo Abe described the bill as a much-needed reform to ensure the smooth functioning of Japanese  economy. The bill makes it easier for immigrants to work for longer duration in Japan.

More than 20% of Japan’s population is over 65 years old which is the highest proportion in the world. It is projected that by 2030, one in every three people will be above 65 years or older and one in every five will be 75 years or older.

The fertility rate has fallen to 1.4 children per woman in Japan which has been attributed to a host of factors including changing lifestyles, people marrying late, not marrying at all, and the economic insecurity of the younger generation. It is projected that by 2050, Japan’s population will decline by twenty million while the world population is expected to increase by two billion.

Japan has traditionally been quite homogenous with  very little diversity to show. This trend now appears to be changing as today nearly three million migrants live in Japan which is three times more than the figures of 1990. As the country struggles with a rapidly aging population and severely declining domestic labor, the number in all likelihood is only going to increase.

Conservative Prime Minister Shinzo Abe based his support for the reforms in immigration policy on demographic arguments.The conservative section of the parliament has been a staunch supporter but the left opposition has been critical of the bill citing concerns about a lack of regulation on the employers which could lead to over-exploitation of the workers. Prime Minister Shinzo Abe’s government promised to set up a hundred consultation centers nationwide for dealing with issues related to workplace abuse specifically for the migrant workers.

However, that’s as far as those resisting the bill have gone. Nationalist and xenophobic voices protesting the bill have failed to gather steam. In fact, according to a survey by Nikkei in January 2020, almost 70 percent of Japanese said it is “good” to see more foreigners in the country.

Japan’s aging population has made it difficult to find the workers and some companies have more than 120 job openings for every 100 job seekers nationwide. Quite evidently, immigration now appears to be the most feasible solution for Japan- a country that has traditionally been restrictive with its borders when it comes to ethnic diversity.

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