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California accuses Cisco of job discrimination based on Indian employee's caste

reuters.com

11–20 of 633 posts

Re: California accuses Cisco of job discrimination based on Indian employee's caste

#11

> lawsuit found that 67% of Dalits surveyed felt treated unfairly at their U.S. workplaces. I'm more surprised 67% of Dalits would have coworkers knowing their caste. Can someone give context on how this happens?

They usually have different surnames or they might have volunteered that information to their coworkers.

Re: California accuses Cisco of job discrimination based on Indian employee's caste

#12
post #9

Maybe somebody can clarify this for me. It seems that there is a difference in American and European laws about discrimination, where U.S. has a concept of protected groups (i.e. they explicitly enumerate who is not to be discriminated), while EU has laws based on equality of the groups (or more generally, humans). It seems to me that the American system is more antagonistic, in the sense it really prefers some group…

Can you explain the EU law? If a man applied to be a girl's PE teacher that would be in a locker room, is that allowed? Certainly not, right? The US allows discrimination in general as long as it's not based on membership in certain groups, unless such membership is germaine to the job. So you could limit gender in my PE teacher example, but you can't for a crossing guard (because presumably, anyone can be a crossing guard but sex matters for PE teaching).

Used PE teaching because I can't think of a better example.

Re: California accuses Cisco of job discrimination based on Indian employee's caste

#13
post #9

Maybe somebody can clarify this for me. It seems that there is a difference in American and European laws about discrimination, where U.S. has a concept of protected groups (i.e. they explicitly enumerate who is not to be discriminated), while EU has laws based on equality of the groups (or more generally, humans). It seems to me that the American system is more antagonistic, in the sense it really prefers some group…

You can read the US law yourself:

https://www.eeoc.gov/statutes/title-vii-civil-rights-act-196...

Re: California accuses Cisco of job discrimination based on Indian employee's caste

#14

I don’t understand. If “caste” is something specific to country of India, and if it is not explicitly listed in US law; can the defendant just claim it to be a more generalized version discrimination? It’s like going to a barber shop and they won’t cut your hair because they discriminate based on your accent. It’s discrimination regardless even though it’s not explicitly listed in the law. As far as the US law is con…

I guess this would be a form of religious discrimination, because it's discrimination based on religious beliefs.

Re: California accuses Cisco of job discrimination based on Indian employee's caste

#16

I don’t understand. If “caste” is something specific to country of India, and if it is not explicitly listed in US law; can the defendant just claim it to be a more generalized version discrimination? It’s like going to a barber shop and they won’t cut your hair because they discriminate based on your accent. It’s discrimination regardless even though it’s not explicitly listed in the law. As far as the US law is con…

Did you catch this part of the article:

> U.S. employment law does not specifically bar caste-based discrimination, but California’s Department of Fair Employment and Housing contends in the lawsuit that the Hindu faith’s lingering caste system is based on protected classes such as religion.

Or are you wondering if such a reclassification will be allowed? I can certainly see it being so.

Re: California accuses Cisco of job discrimination based on Indian employee's caste

#17
post #9

Maybe somebody can clarify this for me. It seems that there is a difference in American and European laws about discrimination, where U.S. has a concept of protected groups (i.e. they explicitly enumerate who is not to be discriminated), while EU has laws based on equality of the groups (or more generally, humans). It seems to me that the American system is more antagonistic, in the sense it really prefers some group…

Can you explain the EU law? If a man applied to be a girl's PE teacher that would be in a locker room, is that allowed? Certainly not, right? The US allows discrimination in general as long as it's not based on membership in certain groups, unless such membership is germaine to the job. So you could limit gender in my PE teacher example, but you can't for a crossing guard (because presumably, anyone can be a crossing…

Why would any PE teacher enter the locker room, that seems odd regardless of gender.

Re: California accuses Cisco of job discrimination based on Indian employee's caste

#18
> Like other large Silicon Valley employers, Cisco’s workforce includes thousands of Indian immigrants, most of whom were born Brahmins or other high castes.

This seems too important to just throw in unsubstantiated. I have never seen this kind of statistic.

Re: California accuses Cisco of job discrimination based on Indian employee's caste

#19
post #16

I don’t understand. If “caste” is something specific to country of India, and if it is not explicitly listed in US law; can the defendant just claim it to be a more generalized version discrimination? It’s like going to a barber shop and they won’t cut your hair because they discriminate based on your accent. It’s discrimination regardless even though it’s not explicitly listed in the law. As far as the US law is con…

Did you catch this part of the article: > U.S. employment law does not specifically bar caste-based discrimination, but California’s Department of Fair Employment and Housing contends in the lawsuit that the Hindu faith’s lingering caste system is based on protected classes such as religion. Or are you wondering if such a reclassification will be allowed? I can certainly see it being so.

Yea exactly, I read that which led me to comment here - I am further questioning that if it is not explicitly listed like a billion other things, what is the approach a defendant can take?

We saw cases like this (although not for employment per se) but for service industry in this landmark case: https://en.wikipedia.org/wiki/Masterpiece_Cakeshop_v._Colora...

Re: California accuses Cisco of job discrimination based on Indian employee's caste

#20

> lawsuit found that 67% of Dalits surveyed felt treated unfairly at their U.S. workplaces. I'm more surprised 67% of Dalits would have coworkers knowing their caste. Can someone give context on how this happens?

If you're raised in India, it is relatively easy to determine someone's general (varna) caste and specific (jati) caste from their familial name(s) and/or physical appearance. You can pick these things up by osmosis from adults (my case), through being taught, or simply through caste-influenced culture. It's quite complicated, and I'm not an expert. You don't even have to be Hindu to be a part of the caste system - Muslims and Christians may retain a familial name that is a marker of caste; in some cases, even without a name as a marker someone who knows of your particular community may be able to tell what caste a non-Hindu is simply by knowing what community you're from and being able to tell what caste that community is historically.
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