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 5:06 PM

Civilian Trials In Military Courts in Al Sisi’s Egypt

With President Abdel Fattah al-Sisi in power, Egypt is currently in the throes of a near-complete reversal of democracy. Under his rule the military has intruded into almost all aspects of public life, in a very explicit attempt to instill fear in Egyptians.

One of the most pervasive examples of this has been the military’s disruption of judicial process, with interference turning to encroachment as more and more civilians continue to be tried and sentenced by the army, through various nefarious means of expanded military jurisdiction.

Mohammad Morsi at XVI Non-Aligned Movement (NAM) Summit, in Tehran, Iran on August 30, 2012 | Source: Government of India via Wikimedia

While a military judiciary has been present in Egypt since the 1960s, their power continued to grow after then Defence Minister Sisi overthrew the democratically elected President, Mohammed Morsi in a coup and became Egypt’s new leader. Since then he has worked towards removing tenure limits to his term, virtually guaranteeing him power for another decade or more.

The Egyptian government, like many others across the globe, has used the pandemic and the limited mobility of citizens due to it to tighten their chokehold on dissent and opposition. In April 2020, the Egyptian Parliament passed amendments to its Emergency Law. The law already prohibited demonstrations and protests, and now allows the military to arrest and confiscate assets of citizens without requiring permission from the special prosecutor, and investigate civilians without the right to appear before a judge.

Egypt has seen more time under Emergency Law than not in the past few decades, and President Sisi has not strayed from this pattern. The law has been used in many ways to normalize the military trespassing into the civil judicial system, such as having military judges on civil judicial councils and declaring the military judiciary as “an independent judicial entity” no longer under the command of the armed forces.

Public facilities have been placed under military jurisdiction, in conjunction with a law that allows anyone who directly or indirectly “assaults” an army base to be tried in a military court. In these courts defendants do not have common legal rights such as being informed of their charges, access to a lawyer or being brought before a judge soon after arrest.

Late Shaby Habash, a young filmmaker who died in prison August 2020 | Source: Shaby Habash Facebook

Additionally, there have been multiple reports of torture, sexual assault while placed in detention. In prison too, detainees face inhumane conditions, not being allowed to see family, exercise or get sunshine and fresh air. Thousands of student protestors, journalists and political dissidents have been tried in these military courts, and hundreds more have been killed extrajudicially. At the same time, citizens’ tools to criticise these steps are undermined, such as by limiting the domain of NGOs, censoring news and social media, and blocking around 600 websites.

The arrest, incarnation and trial of the deposed President, Mohammed Morsi is a glaring example of what is wrong with Egypt’s military trials. Morsi, who was in jail for over 6 years since the coup in 2013 and was under trial in military court collapsed and died during a hearing in the military court itself.

The constitution, the parliament, the law, and the abuse of these pillars of democracy has been instrumental in Sisi being able to give the military and himself the extreme power that they now possess. But despite restrictions on assembling and protesting, Egyptians continue to make their voices heard in the streets and worldwide, hoping that where institutions betray them, their community won’t. Hoping against hope, hoping against tyranny.

Read More