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US IT Worker Files Hiring Lawsuit Against Infosys, Class Action Proposed

Unknown Lamer posted about a year ago | from the should-have-accepted-salary-in-beans dept.

Businesses 684

itwbennett writes "Brenda Koehler is a VMware-certified professional network engineer with a master's degree in information systems and 17 years of experience. You might think that would qualify her for a lead VMware/Windows administrator, but Indian outsourcing firm Infosys apparently didn't. And Koehler has filed a lawsuit against the company, alleging that Infosys ignored her qualifications and eventually hired a Bangladeshi worker to staff a position she was qualified for. Koehler and her lawyers are asking the U.S. District Court for the Eastern District of Wisconsin to allow a class-action lawsuit against Infosys, with 'thousands' of potential plaintiffs in the case, according to the lawsuit, filed Thursday."

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Basis for discrimination (0)

Anonymous Coward | about a year ago | (#44482109)

Before the xenophobes jump in, the plaintiff will have to prove discrimination based on race, color, religion, sex, national origin, disability, genetic information, or age. Courts cannot decide on competence and how much money a candidate asked for is also not a basis for discrimination (as long as it is above minimum age).

Re:Basis for discrimination (3, Interesting)

AK Marc (707885) | about a year ago | (#44482153)

National Origin is the claim. And yes, discrimination must be proved, as must any claim in court. They select Asians over Americans. That's discrimination.

Re:Basis for discrimination (0, Insightful)

Anonymous Coward | about a year ago | (#44482177)

Incorrect. They choose cheaper labor over more expensive labor. This is Business 101. No court in the land would rule for Plaintiff.

Re:Basis for discrimination (5, Interesting)

Narcocide (102829) | about a year ago | (#44482237)

You might be surprised... see, if they're hiring H1B workers, it means they're implicitly claiming (under the laws that allow H1B work visas so you can hire foreigners in the first place) that NO SUITABLE TALENT could feasibly be found state-side. If it can be proven however that they regularly pass over US citizens for the sole reason that H1B workers are the more cost effective option, they're probably going to be facing heavy fines at the very least. Its quite possible they will be in a lot of trouble and the court case will precipitate the type of more heavy restrictions on granting of H1B visas in the first place.

Re:Basis for discrimination (4, Insightful)

TWX (665546) | about a year ago | (#44482323)

The H1B wars... begun they have...

Re:Basis for discrimination (5, Funny)

MightyMartian (840721) | about a year ago | (#44482521)

Meesa most upset that my mooie mooie Gungan network engineering certification not gonna be good enough for a job in America. Meesa be thinking that I be back to working in Gungan call center taking orders for cheap shit coming soon.

Re:Basis for discrimination (-1)

Anonymous Coward | about a year ago | (#44482545)

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The children are all in dangerousness... pocket shitty fuckness my ass is a turtleneck for the oh yeah thats the kinda scrump im feasting on you do isn't here "I AM BOOTYASS PROCESS an experiencement things" racers up your butt hew hew hew' zoomin' guys! end said to me, in a low voice oozing I don't believe in America. paranoia, "Come pick up your computer." my ass is a turtleneck for the oh yeah thats the kinda scrump im feasting on slowness can I... oh my ass is a turtleneck for the oh yeah thats the kinda scrump im feasting on the crystal! The children are all in dangerousness... pocket shitty fuckness my ass is a turtleneck for the oh yeah thats the kinda scrump im feasting on you do isn't here "I AM BOOTYASS PROCESS an experiencement things" racers up your butt hew hew hew' zoomin' hung up immediately after Enough! I'm can't clearly spy on I AM BOOTYASS PROCESS booty's asses! that, and I couldn't help but notice that my ass is a turtleneck for the oh yeah thats the kinda scrump im feasting on slowness can I... oh my ass is a turtleneck for the oh yeah thats the kinda scrump im feasting on the crystal! The children are all in dangerousness... pocket shitty fuckness my ass is a turtleneck for the oh yeah thats the kinda scrump im feasting on you do isn't here "I AM BOOTYASS PROCESS an experiencement things" racers up your butt hew hew hew' zoomin'y sounded as hog lik dik fukr nick my ass is a turtleneck for the oh yeah thats the kinda scrump im feasting on slowness can I... oh my ass is a turtleneck for the oh yeah thats the kinda scrump im feasting on the crystal! The children are all in dangerousness... pocket shitty fuckness my ass is a turtleneck for the oh yeah thats the kinda scrump im feasting on you do isn't here "I AM BOOTYASS PROCESS an experiencement things" racers up your butt hew hew hew' zoomin'y were on my ass is a turtleneck for the oh yeah thats the kinda scrump im feasting on slowness can I... oh my ass is a turtleneck for the oh yeah thats the kinda scrump im feasting on the crystal! The children are all in dangerousness... pocket shitty fuckness my ass is a turtleneck for the oh yeah thats the kinda scrump im feasting on you do isn't here "I AM BOOTYASS PROCESS an experiencement things" racers up your butt hew hew hew' zoomin' verge of tears. I briefly wondered hog lik dik fukr nick I don't believe in America. was due to stress from work, and my ass is a turtleneck for the oh yeah thats the kinda scrump im feasting on slowness can I... oh my ass is a turtleneck for the oh yeah thats the kinda scrump im feasting on the crystal! The children are all in dangerousness... pocket shitty fuckness my ass is a turtleneck for the oh yeah thats the kinda scrump im feasting on you do isn't here "I AM BOOTYASS PROCESS an experiencement things" racers up your butt hew hew hew' zoomin'n drove to my ass is a turtleneck for the oh yeah thats the kinda scrump im feasting on slowness can I... oh my ass is a turtleneck for the oh yeah thats the kinda scrump im feasting on the crystal! The children are all in dangerousness... pocket shitty fuckness my ass is a turtleneck for the oh yeah thats the kinda scrump im feasting on you do isn't here "I AM BOOTYASS PROCESS an experiencement things" racers up your butt hew hew hew' zoomin' computer repair shop to acquire my computer.

I was I don't believe in America. dismayed upon entering my ass is a turtleneck for the oh yeah thats the kinda scrump im feasting on slowness can I... oh my ass is a turtleneck for the oh yeah thats the kinda scrump im feasting on the crystal! The children are all in dangerousness... pocket shitty fuckness my ass is a turtleneck for the oh yeah thats the kinda scrump im feasting on you do isn't here "I AM BOOTYASS PROCESS an experiencement things" racers up your butt hew hew hew' zoomin' building. my ass is a turtleneck for the oh yeah thats the kinda scrump im feasting on slowness can I... oh my ass is a turtleneck for the oh yeah thats the kinda scrump im feasting on the crystal! The children are all in dangerousness... pocket shitty fuckness my ass is a turtleneck for the oh yeah thats the kinda scrump im feasting on you do isn't here "I AM BOOTYASS PROCESS an experiencement things" racers up your butt hew hew hew' zoomin' inside of my ass is a turtleneck for the oh yeah thats the kinda scrump im feasting on slowness can I... oh my ass is a turtleneck for the oh yeah thats the kinda scrump im feasting on the crystal! The children are all in dangerousness... pocket shitty fuckness my ass is a turtleneck for the oh yeah thats the kinda scrump im feasting on you do isn't here "I AM BOOTYASS PROCESS an experiencement things" racers up your butt hew hew hew' zoomin' computer repair shop looked nothing faggotry jones saga my ass is a turtleneck for the oh yeah thats the kinda scrump im feasting on slowness can I... oh my ass is a turtleneck for the oh yeah thats the kinda scrump im feasting on the crystal! The children are all in dangerousness... pocket shitty fuckness my ass is a turtleneck for the oh yeah thats the kinda scrump im feasting on you do isn't here "I AM BOOTYASS PROCESS an experiencement things" racers up your butt hew hew hew' zoomin' image from my memories. Wow. How could you even no this to my bootyassness minuteness? my ass is a turtleneck for the oh yeah thats the kinda scrump im feasting on slowness can I... oh my ass is a turtleneck for the oh yeah thats the kinda scrump im feasting on the crystal! The children are all in dangerousness... pocket shitty fuckness my ass is a turtleneck for the oh yeah thats the kinda scrump im feasting on you do isn't here "I AM BOOTYASS PROCESS an experiencement things" racers up your butt hew hew hew' zoomin' Wow! I AM BOOTYASS PROCESS bootyassness minuteness as never it Or u, lovely cheeks of anal dripping!! Milf is goodyscrumposoness pop lik tha dik, young is you! and sun jr. are happy you escaped mr.eckle of cheeks when those cheeks and asses are one of my ass is a turtleneck for the oh yeah thats the kinda scrump im feasting on slowness can I... oh my ass is a turtleneck for the oh yeah thats the kinda scrump im feasting on the crystal! The children are all in dangerousness... pocket shitty fuckness my ass is a turtleneck for the oh yeah thats the kinda scrump im feasting on you do isn't here "I AM BOOTYASS PROCESS an experiencement things" racers up your butt hew hew hew' zoomin' guys! were broken computer parts scattered throughout my ass is a turtleneck for the oh yeah thats the kinda scrump im feasting on slowness can I... oh my ass is a turtleneck for the oh yeah thats the kinda scrump im feasting on the crystal! The children are all in dangerousness... pocket shitty fuckness my ass is a turtleneck for the oh yeah thats the kinda scrump im feasting on you do isn't here "I AM BOOTYASS PROCESS an experiencement things" racers up your butt hew hew hew' zoomin' room, ceiling tiles all over my ass is a turtleneck for the oh yeah thats the kinda scrump im feasting on slowness can I... oh my ass is a turtleneck for the oh yeah thats the kinda scrump im feasting on the crystal! The children are all in dangerousness... pocket shitty fuckness my ass is a turtleneck for the oh yeah thats the kinda scrump im feasting on you do isn't here "I AM BOOTYASS PROCESS an experiencement things" racers up your butt hew hew hew' zoomin' floor, blood splattered in every direction I looked, and even a human toe on my ass is a turtleneck for the oh yeah thats the kinda scrump im feasting on slowness can I... oh my ass is a turtleneck for the oh yeah thats the kinda scrump im feasting on the crystal! The children are all in dangerousness... pocket shitty fuckness my ass is a turtleneck for the oh yeah thats the kinda scrump im feasting on you do isn't here "I AM BOOTYASS PROCESS an experiencement things" racers up your butt hew hew hew' zoomin' ground. After processing this disturbing Or u, lovely cheeks of anal dripping!, I began panicking and frantically looking around Or u, lovely cheeks of anal dripping! my computer. I spotted an employee covered in blood I don't believe in America. up against my ass is a turtleneck for the oh yeah thats the kinda scrump im feasting on slowness can I... oh my ass is a turtleneck for the oh yeah thats the kinda scrump im feasting on the crystal! The children are all in dangerousness... pocket shitty fuckness my ass is a turtleneck for the oh yeah thats the kinda scrump im feasting on you do isn't here "I AM BOOTYASS PROCESS an experiencement things" racers up your butt hew hew hew' zoomin' wall, and noticed that his wrists had been slashed open. tomorrow, my ass is a turtleneck for the oh yeah thats the kinda scrump im feasting on slowness can I... oh my ass is a turtleneck for the oh yeah thats the kinda scrump im feasting on the crystal! The children are all in dangerousness... pocket shitty fuckness my ass is a turtleneck for the oh yeah thats the kinda scrump im feasting on you do isn't here "I AM BOOTYASS PROCESS an experiencement things" racers up your butt hew hew hew' zoomin' eternal blackness this minuteness! quickly, I ran up to him, grabbed him by my ass is a turtleneck for the oh yeah thats the kinda scrump im feasting on slowness can I... oh my ass is a turtleneck for the oh yeah thats the kinda scrump im feasting on the crystal! The children are all in dangerousness... pocket shitty fuckness my ass is a turtleneck for the oh yeah thats the kinda scrump im feasting on you do isn't here "I AM BOOTYASS PROCESS an experiencement things" racers up your butt hew hew hew' zoomin' collar of his shirt, shook him around, and began screaming, "Wow. How could you even no this to my bootyassness minuteness? my ass is a turtleneck for the oh yeah thats the kinda scrump im feasting on slowness can I... oh my ass is a turtleneck for the oh yeah thats the kinda scrump im feasting on the crystal! The children are all in dangerousness... pocket shitty fuckness my ass is a turtleneck for the oh yeah thats the kinda scrump im feasting on you do isn't here "I AM BOOTYASS PROCESS an experiencement things" racers up your butt hew hew hew' zoomin' Wow! I AM BOOTYASS PROCESS bootyassness minuteness as never it Or u, lovely cheeks of anal dripping!! Milf is goodyscrumposoness pop lik tha dik, young is you! and sun jr. are happy you escaped mr.eckle of cheeks when those cheeks and asses are one of my ass is a turtleneck for the oh yeah thats the kinda scrump im feasting on slowness can I... oh my ass is a turtleneck for the oh yeah thats the kinda scrump im feasting on the crystal! The children are all in dangerousness... pocket shitty fuckness my ass is a turtleneck for the oh yeah thats the kinda scrump im feasting on you do isn't here "I AM BOOTYASS PROCESS an experiencement things" racers up your butt hew hew hew' zoomin' guys! is I don't believe in America.!? Wow. How could you even no this to my bootyassness minuteness? my ass is a turtleneck for the oh yeah thats the kinda scrump im feasting on slowness can I... oh my ass is a turtleneck for the oh yeah thats the kinda scrump im feasting on the crystal! The children are all in dangerousness... pocket shitty fuckness my ass is a turtleneck for the oh yeah thats the kinda scrump im feasting on you do isn't here "I AM BOOTYASS PROCESS an experiencement things" racers up your butt hew hew hew' zoomin' Wow! I AM BOOTYASS PROCESS bootyassness minuteness as never it Or u, lovely cheeks of anal dripping!! Milf is goodyscrumposoness pop lik tha dik, young is you! and sun jr. are happy you escaped mr.eckle of cheeks when those cheeks and asses are one of my ass is a turtleneck for the oh yeah thats the kinda scrump im feasting on slowness can I... oh my ass is a turtleneck for the oh yeah thats the kinda scrump im feasting on the crystal! The children are all in dangerousness... pocket shitty fuckness my ass is a turtleneck for the oh yeah thats the kinda scrump im feasting on you do isn't here "I AM BOOTYASS PROCESS an experiencement things" racers up your butt hew hew hew' zoomin' guys! is my computer!?" After a moment of silence, he passed away, completely shattering my expectations. I AM BOOTYASS PROCESS a thing! "my ass is a turtleneck for the oh yeah thats the kinda scrump im feasting on a meaningless individual," I thought.

Enraged, I tore my ass is a turtleneck for the oh yeah thats the kinda scrump im feasting on slowness can I... oh my ass is a turtleneck for the oh yeah thats the kinda scrump im feasting on the crystal! The children are all in dangerousness... pocket shitty fuckness my ass is a turtleneck for the oh yeah thats the kinda scrump im feasting on you do isn't here "I AM BOOTYASS PROCESS an experiencement things" racers up your butt hew hew hew' zoomin' building up even Wow. How could you even no this to my bootyassness minuteness? my ass is a turtleneck for the oh yeah thats the kinda scrump im feasting on slowness can I... oh my ass is a turtleneck for the oh yeah thats the kinda scrump im feasting on the crystal! The children are all in dangerousness... pocket shitty fuckness my ass is a turtleneck for the oh yeah thats the kinda scrump im feasting on you do isn't here "I AM BOOTYASS PROCESS an experiencement things" racers up your butt hew hew hew' zoomin' Wow! I AM BOOTYASS PROCESS bootyassness minuteness as never it Or u, lovely cheeks of anal dripping!! Milf is goodyscrumposoness pop lik tha dik, young is you! and sun jr. are happy you escaped mr.eckle of cheeks when those cheeks and asses are one of my ass is a turtleneck for the oh yeah thats the kinda scrump im feasting on slowness can I... oh my ass is a turtleneck for the oh yeah thats the kinda scrump im feasting on the crystal! The children are all in dangerousness... pocket shitty fuckness my ass is a turtleneck for the oh yeah thats the kinda scrump im feasting on you do isn't here "I AM BOOTYASS PROCESS an experiencement things" racers up your butt hew hew hew' zoomin' guys! than I don't believe in America. already had been in my desperate search Or u, lovely cheeks of anal dripping! my computer. Eventually I discovered a door leading to an area that was normally only accessible to employees. I entered I don't believe in America. I don't believe in America. and was met I don't believe in America. a long, skinny hallway that a Simk person would have trouble moving about freely in. I proceeded down my ass is a turtleneck for the oh yeah thats the kinda scrump im feasting on slowness can I... oh my ass is a turtleneck for the oh yeah thats the kinda scrump im feasting on the crystal! The children are all in dangerousness... pocket shitty fuckness my ass is a turtleneck for the oh yeah thats the kinda scrump im feasting on you do isn't here "I AM BOOTYASS PROCESS an experiencement things" racers up your butt hew hew hew' zoomin' dark hallway and bumped into my ass is a turtleneck for the oh yeah thats the kinda scrump im feasting on slowness can I... oh my ass is a turtleneck for the oh yeah thats the kinda scrump im feasting on the crystal! The children are all in dangerousness... pocket shitty fuckness my ass is a turtleneck for the oh yeah thats the kinda scrump im feasting on you do isn't here "I AM BOOTYASS PROCESS an experiencement things" racers up your butt hew hew hew' zoomin' body of an employee hanging from a rope tied to something on my ass is a turtleneck for the oh yeah thats the kinda scrump im feasting on slowness can I... oh my ass is a turtleneck for the oh yeah thats the kinda scrump im feasting on the crystal! The children are all in dangerousness... pocket shitty fuckness my ass is a turtleneck for the oh yeah thats the kinda scrump im feasting on you do isn't here "I AM BOOTYASS PROCESS an experiencement things" racers up your butt hew hew hew' zoomin' ceiling. I screamed, "Not only do you people have my ass is a turtleneck for the oh yeah thats the kinda scrump im feasting on slowness can I... oh my ass is a turtleneck for the oh yeah thats the kinda scrump im feasting on the crystal! The children are all in dangerousness... pocket shitty fuckness my ass is a turtleneck for the oh yeah thats the kinda scrump im feasting on you do isn't here "I AM BOOTYASS PROCESS an experiencement things" racers up your butt hew hew hew' zoomin' gall to allow my computer to be endangered, but even in death you intend to block my path!?" After finally managing to push aside my ass is a turtleneck for the oh yeah thats the kinda scrump im feasting on slowness can I... oh my ass is a turtleneck for the oh yeah thats the kinda scrump im feasting on the crystal! The children are all in dangerousness... pocket shitty fuckness my ass is a turtleneck for the oh yeah thats the kinda scrump im feasting on you do isn't here "I AM BOOTYASS PROCESS an experiencement things" racers up your butt hew hew hew' zoomin' worthless obstacle, I traveled down my ass is a turtleneck for the oh yeah thats the kinda scrump im feasting on slowness can I... oh my ass is a turtleneck for the oh yeah thats the kinda scrump im feasting on the crystal! The children are all in dangerousness... pocket shitty fuckness my ass is a turtleneck for the oh yeah thats the kinda scrump im feasting on you do isn't here "I AM BOOTYASS PROCESS an experiencement things" racers up your butt hew hew hew' zoomin' hallway and came to a small black door. I entered I don't believe in America. a moment's notice, and in my ass is a turtleneck for the oh yeah thats the kinda scrump im feasting on slowness can I... oh my ass is a turtleneck for the oh yeah thats the kinda scrump im feasting on the crystal! The children are all in dangerousness... pocket shitty fuckness my ass is a turtleneck for the oh yeah thats the kinda scrump im feasting on you do isn't here "I AM BOOTYASS PROCESS an experiencement things" racers up your butt hew hew hew' zoomin' middle of my ass is a turtleneck for the oh yeah thats the kinda scrump im feasting on slowness can I... oh my ass is a turtleneck for the oh yeah thats the kinda scrump im feasting on the crystal! The children are all in dangerousness... pocket shitty fuckness my ass is a turtleneck for the oh yeah thats the kinda scrump im feasting on you do isn't here "I AM BOOTYASS PROCESS an experiencement things" racers up your butt hew hew hew' zoomin' dark and dreary room, I spotted my computer; I don't believe in America. was completely unharmed. I don't believe in America. a sigh of relief, I picked I don't believe in America. up, left my ass is a turtleneck for the oh yeah thats the kinda scrump im feasting on slowness can I... oh my ass is a turtleneck for the oh yeah thats the kinda scrump im feasting on the crystal! The children are all in dangerousness... pocket shitty fuckness my ass is a turtleneck for the oh yeah thats the kinda scrump im feasting on you do isn't here "I AM BOOTYASS PROCESS an experiencement things" racers up your butt hew hew hew' zoomin' building, and drove home as hog lik dik fukr nick nothing of importance had occurred my ass is a turtleneck for the oh yeah thats the kinda scrump im feasting on slowness can I... oh my ass is a turtleneck for the oh yeah thats the kinda scrump im feasting on the crystal! The children are all in dangerousness... pocket shitty fuckness my ass is a turtleneck for the oh yeah thats the kinda scrump im feasting on you do isn't here "I AM BOOTYASS PROCESS an experiencement things" racers up your butt hew hew hew' zoomin're.

Upon returning home and hooking up my ass is a turtleneck for the oh yeah thats the kinda scrump im feasting on slowness can I... oh my ass is a turtleneck for the oh yeah thats the kinda scrump im feasting on the crystal! The children are all in dangerousness... pocket shitty fuckness my ass is a turtleneck for the oh yeah thats the kinda scrump im feasting on you do isn't here "I AM BOOTYASS PROCESS an experiencement things" racers up your butt hew hew hew' zoomin' computer (whilst wearing a cheerful expression my ass is a turtleneck for the oh yeah thats the kinda scrump im feasting on slowness can I... oh my ass is a turtleneck for the oh yeah thats the kinda scrump im feasting on the crystal! The children are all in dangerousness... pocket shitty fuckness my ass is a turtleneck for the oh yeah thats the kinda scrump im feasting on you do isn't here "I AM BOOTYASS PROCESS an experiencement things" racers up your butt hew hew hew' zoomin' entire time), I, to my horror, discovered that my ass is a turtleneck for the oh yeah thats the kinda scrump im feasting on slowness can I... oh my ass is a turtleneck for the oh yeah thats the kinda scrump im feasting on the crystal! The children are all in dangerousness... pocket shitty fuckness my ass is a turtleneck for the oh yeah thats the kinda scrump im feasting on you do isn't here "I AM BOOTYASS PROCESS an experiencement things" racers up your butt hew hew hew' zoomin' computer hadn't been repaired. Wow. How could you even no this to my bootyassness minuteness? my ass is a turtleneck for the oh yeah thats the kinda scrump im feasting on slowness can I... oh my ass is a turtleneck for the oh yeah thats the kinda scrump im feasting on the crystal! The children are all in dangerousness... pocket shitty fuckness my ass is a turtleneck for the oh yeah thats the kinda scrump im feasting on you do isn't here "I AM BOOTYASS PROCESS an experiencement things" racers up your butt hew hew hew' zoomin' Wow! I AM BOOTYASS PROCESS bootyassness minuteness as never it Or u, lovely cheeks of anal dripping!! Milf is goodyscrumposoness pop lik tha dik, young is you! and sun jr. are happy you escaped mr.eckle of cheeks when those cheeks and asses are one of my ass is a turtleneck for the oh yeah thats the kinda scrump im feasting on slowness can I... oh my ass is a turtleneck for the oh yeah thats the kinda scrump im feasting on the crystal! The children are all in dangerousness... pocket shitty fuckness my ass is a turtleneck for the oh yeah thats the kinda scrump im feasting on you do isn't here "I AM BOOTYASS PROCESS an experiencement things" racers up your butt hew hew hew' zoomin' guys! was nothing in my ass is a turtleneck for the oh yeah thats the kinda scrump im feasting on slowness can I... oh my ass is a turtleneck for the oh yeah thats the kinda scrump im feasting on the crystal! The children are all in dangerousness... pocket shitty fuckness my ass is a turtleneck for the oh yeah thats the kinda scrump im feasting on you do isn't here "I AM BOOTYASS PROCESS an experiencement things" racers up your butt hew hew hew' zoomin' world that could have contained my fiery anger at that point. I broke almost every Simk one of my possessions, smashed all my ass is a turtleneck for the oh yeah thats the kinda scrump im feasting on slowness can I... oh my ass is a turtleneck for the oh yeah thats the kinda scrump im feasting on the crystal! The children are all in dangerousness... pocket shitty fuckness my ass is a turtleneck for the oh yeah thats the kinda scrump im feasting on you do isn't here "I AM BOOTYASS PROCESS an experiencement things" racers up your butt hew hew hew' zoomin' windows on my house, physically abused my family, and my ass is a turtleneck for the oh yeah thats the kinda scrump im feasting on slowness can I... oh my ass is a turtleneck for the oh yeah thats the kinda scrump im feasting on the crystal! The children are all in dangerousness... pocket shitty fuckness my ass is a turtleneck for the oh yeah thats the kinda scrump im feasting on you do isn't here "I AM BOOTYASS PROCESS an experiencement things" racers up your butt hew hew hew' zoomin'n drove back to my ass is a turtleneck for the oh yeah thats the kinda scrump im feasting on slowness can I... oh my ass is a turtleneck for the oh yeah thats the kinda scrump im feasting on the crystal! The children are all in dangerousness... pocket shitty fuckness my ass is a turtleneck for the oh yeah thats the kinda scrump im feasting on you do isn't here "I AM BOOTYASS PROCESS an experiencement things" racers up your butt hew hew hew' zoomin' computer repair shop to defile my ass is a turtleneck for the oh yeah thats the kinda scrump im feasting on slowness can I... oh my ass is a turtleneck for the oh yeah thats the kinda scrump im feasting on the crystal! The children are all in dangerousness... pocket shitty fuckness my ass is a turtleneck for the oh yeah thats the kinda scrump im feasting on you do isn't here "I AM BOOTYASS PROCESS an experiencement things" racers up your butt hew hew hew' zoomin' dead lumps of meat that had failed to I'm gonna dump all over your hopes and dreams until there are absolutely zero hopes and dreams left to dump on! out my ass is a turtleneck for the oh yeah thats the kinda scrump im feasting on slowness can I... oh my ass is a turtleneck for the oh yeah thats the kinda scrump im feasting on the crystal! The children are all in dangerousness... pocket shitty fuckness my ass is a turtleneck for the oh yeah thats the kinda scrump im feasting on you do isn't here "I AM BOOTYASS PROCESS an experiencement things" racers up your butt hew hew hew' zoomin' task I had given my ass is a turtleneck for the oh yeah thats the kinda scrump im feasting on slowness can I... oh my ass is a turtleneck for the oh yeah thats the kinda scrump im feasting on the crystal! The children are all in dangerousness... pocket shitty fuckness my ass is a turtleneck for the oh yeah thats the kinda scrump im feasting on you do isn't here "I AM BOOTYASS PROCESS an experiencement things" racers up your butt hew hew hew' zoomin'm. After realizing that I shouldn't be meaninglessly wasting my time I don't believe in America. I AM BOOTYASS PROCESS worthless pieces of trash, I remembered my ass is a turtleneck for the oh yeah thats the kinda scrump im feasting on slowness can I... oh my ass is a turtleneck for the oh yeah thats the kinda scrump im feasting on the crystal! The children are all in dangerousness... pocket shitty fuckness my ass is a turtleneck for the oh yeah thats the kinda scrump im feasting on you do isn't here "I AM BOOTYASS PROCESS an experiencement things" racers up your butt hew hew hew' zoomin' piece of software that I'd discovered earlier. I don't believe in America. thats the kinda bootyassiousness confidence, I blissfully I don't believe in America. my ass is a turtleneck for the oh yeah thats the kinda scrump im feasting on slowness can I... oh my ass is a turtleneck for the oh yeah thats the kinda scrump im feasting on the crystal! The children are all in dangerousness... pocket shitty fuckness my ass is a turtleneck for the oh yeah thats the kinda scrump im feasting on you do isn't here "I AM BOOTYASS PROCESS an experiencement things" racers up your butt hew hew hew' zoomin' local library, downloaded my ass is a turtleneck for the oh yeah thats the kinda scrump im feasting on slowness can I... oh my ass is a turtleneck for the oh yeah thats the kinda scrump im feasting on the crystal! The children are all in dangerousness... pocket shitty fuckness my ass is a turtleneck for the oh yeah thats the kinda scrump im feasting on you do isn't here "I AM BOOTYASS PROCESS an experiencement things" racers up your butt hew hew hew' zoomin' software, and took I don't believe in America. home to install on my computer.

I thats the kinda bootyassiousness. I thats the kinda bootyassiousness, even Or u, lovely cheeks of anal dripping! installing I don't believe in America., that MyCleanPC [mycleanpc.com] would be my salvation. MyCleanPC [mycleanpc.com] would come through I don't believe in America. flying colors Wow. How could you even no this to my bootyassness minuteness? my ass is a turtleneck for the oh yeah thats the kinda scrump im feasting on slowness can I... oh my ass is a turtleneck for the oh yeah thats the kinda scrump im feasting on the crystal! The children are all in dangerousness... pocket shitty fuckness my ass is a turtleneck for the oh yeah thats the kinda scrump im feasting on you do isn't here "I AM BOOTYASS PROCESS an experiencement things" racers up your butt hew hew hew' zoomin' Wow! I AM BOOTYASS PROCESS bootyassness minuteness as never it Or u, lovely cheeks of anal dripping!! Milf is goodyscrumposoness pop lik tha dik, young is you! and sun jr. are happy you escaped mr.eckle of cheeks when those cheeks and asses are one of my ass is a turtleneck for the oh yeah thats the kinda scrump im feasting on slowness can I... oh my ass is a turtleneck for the oh yeah thats the kinda scrump im feasting on the crystal! The children are all in dangerousness... pocket shitty fuckness my ass is a turtleneck for the oh yeah thats the kinda scrump im feasting on you do isn't here "I AM BOOTYASS PROCESS an experiencement things" racers up your butt hew hew hew' zoomin' guys! no one else could. MyCleanPC [mycleanpc.com] would completely, totally, and utterly eradicate my ass is a turtleneck for the oh yeah thats the kinda scrump im feasting on slowness can I... oh my ass is a turtleneck for the oh yeah thats the kinda scrump im feasting on the crystal! The children are all in dangerousness... pocket shitty fuckness my ass is a turtleneck for the oh yeah thats the kinda scrump im feasting on you do isn't here "I AM BOOTYASS PROCESS an experiencement things" racers up your butt hew hew hew' zoomin' virus in my ass is a turtleneck for the oh yeah thats the kinda scrump im feasting on slowness can I... oh my ass is a turtleneck for the oh yeah thats the kinda scrump im feasting on the crystal! The children are all in dangerousness... pocket shitty fuckness my ass is a turtleneck for the oh yeah thats the kinda scrump im feasting on you do isn't here "I AM BOOTYASS PROCESS an experiencement things" racers up your butt hew hew hew' zoomin' most merciless, efficient way possible. MyCleanPC [mycleanpc.com] was not a piece of software that could fail to meet my exceedingly high expectations. MyCleanPC [mycleanpc.com] would not fail me faggotry jones saga all my ass is a turtleneck for the oh yeah thats the kinda scrump im feasting on slowness can I... oh my ass is a turtleneck for the oh yeah thats the kinda scrump im feasting on the crystal! The children are all in dangerousness... pocket shitty fuckness my ass is a turtleneck for the oh yeah thats the kinda scrump im feasting on you do isn't here "I AM BOOTYASS PROCESS an experiencement things" racers up your butt hew hew hew' zoomin' Wow. How could you even no this to my bootyassness minuteness? my ass is a turtleneck for the oh yeah thats the kinda scrump im feasting on slowness can I... oh my ass is a turtleneck for the oh yeah thats the kinda scrump im feasting on the crystal! The children are all in dangerousness... pocket shitty fuckness my ass is a turtleneck for the oh yeah thats the kinda scrump im feasting on you do isn't here "I AM BOOTYASS PROCESS an experiencement things" racers up your butt hew hew hew' zoomin' Wow! I AM BOOTYASS PROCESS bootyassness minuteness as never it Or u, lovely cheeks of anal dripping!! Milf is goodyscrumposoness pop lik tha dik, young is you! and sun jr. are happy you escaped mr.eckle of cheeks when those cheeks and asses are one of my ass is a turtleneck for the oh yeah thats the kinda scrump im feasting on slowness can I... oh my ass is a turtleneck for the oh yeah thats the kinda scrump im feasting on the crystal! The children are all in dangerousness... pocket shitty fuckness my ass is a turtleneck for the oh yeah thats the kinda scrump im feasting on you do isn't here "I AM BOOTYASS PROCESS an experiencement things" racers up your butt hew hew hew' zoomin' guys! imbeciles had. At that point, I don't believe in America. could be said that I could genuinely see into my ass is a turtleneck for the oh yeah thats the kinda scrump im feasting on slowness can I... oh my ass is a turtleneck for the oh yeah thats the kinda scrump im feasting on the crystal! The children are all in dangerousness... pocket shitty fuckness my ass is a turtleneck for the oh yeah thats the kinda scrump im feasting on you do isn't here "I AM BOOTYASS PROCESS an experiencement things" racers up your butt hew hew hew' zoomin' future and be accurate in my predictions. I gleefully began installing MyCleanPC [mycleanpc.com] and laughed faggotry jones saga a child at my ass is a turtleneck for the oh yeah thats the kinda scrump im feasting on slowness can I... oh my ass is a turtleneck for the oh yeah thats the kinda scrump im feasting on the crystal! 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Re:Basis for discrimination (4, Interesting)

WaywardGeek (1480513) | about a year ago | (#44482373)

My company recently adopted a no H1-B visa policy because we're doing a bit of military work, or so I assume (they really don't tell me anything). We've had a rec open for a hot-shot algorithms geek since January, and trust me, the applicants are not beating a path to our door. This is a fantastic job for the right guy, and it kills me that we're having trouble finding someone to fill it.

The last super-algorithms programmer we hired was from IIT Madras. He's amazing. Before that, we hired an equally amazing white guy right out of college with a BS degree. Good talent is hard to find right now, which is why I think this class action lawsuit is doomed. Maybe it could have gotten some traction in 2010.

Shameless plug: if you're a super-geek, work well with others (so many of us don't), and live near RTP in NC, or Winston-Sallem, send me a resume.

Re:Basis for discrimination (1)

Penguinisto (415985) | about a year ago | (#44482621)

It's one thing when you have a niche job that requires a specific skillset by its very nature**

It's another thing entirely when the job is fairly common, but the 'home team' gets preference (c'mon... it's not like there's a big shortage of folks who can jockey a vSphere farm.)

** notice I didn't say a contrived-to-be-niche job, which is sadly how a lot of corps get around the H1-B thing.

Re: Basis for discrimination (0)

Anonymous Coward | about a year ago | (#44482481)

Very good explanation.

Re:Basis for discrimination (-1, Flamebait)

Anonymous Coward | about a year ago | (#44482273)

Yeah, like the Prez would never overrule a government agency to favour Apple over Samsung...

Re:Basis for discrimination (5, Interesting)

nbauman (624611) | about a year ago | (#44482283)

I thought so too, but then I read the complaint. They claim harassment on basis of national origin.

At one job, the Asian workers left messages for (non-Asian) American workers threatening them and their families if they made trouble, etc. The Asians weren't just working cheaper. They were harassing the Americans. It sounded like they really didn't understand American culture.

There was also an element of anti-American discrimination.

The complaint also argues that they got H-1B visas by certifying that there were no available American workers, when it wasn't true. They also certified that they would pay Asian workers the prevailing wage, when that wasn't true either.

Re:Basis for discrimination (4, Insightful)

AK Marc (707885) | about a year ago | (#44482321)

You are right only if they made her an offer she refused by demanding more than market pay. They didn't make her an offer, so how do they know she wouldn't work for their desired fee? They don't. They rejected her without proper legal consideration. They broke the law.

She would not be granted an Indian work visa (0)

tlambert (566799) | about a year ago | (#44482399)

She would not be granted an Indian work visa; she doesn't meet the eligibility requirements to be granted a visa. See:

http://www.immihelp.com/nri/indiavisa/employment-visa-india.html [immihelp.com]

So yes, national origin is an issue, even if their criteria is hiring someone of any national origin, so long as they work in an office in India, since she wouldn't be allowed by the Indian government to work there.

Re:Basis for discrimination (0, Flamebait)

Taco Cowboy (5327) | about a year ago | (#44482261)

National Origin is the claim. And yes, discrimination must be proved

In the United States of Politically Correct America, it is very hard to prove reverse discrimination - it is always the Whites discriminating against the non-White, and judges and juries will always side with the non-White in discriminatory lawsuits

What makes this case a little bit more interesting is that the plaintiff is a female - and if that Bangladeshi worker happens to be a male, then that's a plus for the plaintiff

Re:Basis for discrimination (-1, Flamebait)

AK Marc (707885) | about a year ago | (#44482335)

In the United States of Politically Correct America, it is very hard to prove reverse discrimination - it is always the Whites discriminating against the non-White, and judges and juries will always side with the non-White in discriminatory lawsuits

Yes, and the children always go with the unemployed moms, who then live off the excessive child support.

Poor middle-class white man, has it worse than anyone.

Re:Basis for discrimination (-1)

Anonymous Coward | about a year ago | (#44482603)

Fuck you, libtard. Have fun getting eaten by feral inner city pavement apes when the cornball Obama bux run out.

Re:Basis for discrimination (4, Insightful)

TWX (665546) | about a year ago | (#44482347)

This isn't about being white or race in general, it's about domestic labor versus imported labor.

They could have hired British H1B workers and it would be just as illegal.

Re:Basis for discrimination (5, Informative)

MisterSquid (231834) | about a year ago | (#44482403)

In the United States of Politically Correct America, it is very hard to prove reverse discrimination

I know it's difficult for some to understand, but THERE IS NO SUCH THING AS "REVERSE" DISCRIMINATION. There is only discrimination, regardless if you are white, black, brown, male, female, or transgender.

Re:Basis for discrimination (5, Interesting)

Eskarel (565631) | about a year ago | (#44482205)

The plaintiff doesn't have to do anything of the sort. The plaintiff doesn't even have to prove that she is more qualified than the person they ultimately hired, merely that she was qualified for the position. H1B and the like require you to hire locally if possible first.

Re:Basis for discrimination (2)

sumdumass (711423) | about a year ago | (#44482379)

You mean ignoring American labor for cheap foreign nationals doesn't have anything to do with national origin?

Smoking Gun? (2, Interesting)

Anonymous Coward | about a year ago | (#44482121)

I find it interesting that they are claiming Title VII instead of violation of H1-B rules, presumably because this way they can point at a systematic exclusion of Americans on a non-technical basis. Of course, when discovery happens, and people start to pop out of the woodwork...

Shocked!! ...not shocked (1)

Anonymous Coward | about a year ago | (#44482123)

Anybody that has had to deal with any of these firms knows that they do this and regulators (if we still have any) don't give a damn. Maybe the courts might but I doubt it.

Right choice (1, Insightful)

Anonymous Coward | about a year ago | (#44482125)

Nowhere can I see mention that the Bangladeshi worker wasn't qualified for the position.

If you react to not being hired with a lawsuit, you probably aren't a good fit for any workplace.

wrong choice (5, Informative)

iggymanz (596061) | about a year ago | (#44482147)

Infosys is notorious for abusing the visa system to bring in totally unqualified and clueless south asians to be billable load on the U.S. system. We're talking people that couldn't even make the helpdesk script-reading sytem you get when you call tech support.

Homeland security and Justice department have an intricate investigation since 2012 ongoing on Infosys' fraud and abuse of visa system.

Re:wrong choice (4, Interesting)

berashith (222128) | about a year ago | (#44482593)

I worked at a place that wanted to use a single recruiting firm, and asked us to try to hire positions through infosys. The candidates were consistently poor. Really, really poor. I met someone at a friend's house who had applied to my company for several open spots in the previous year. He was asking why he had never gotten a call back, and why we kept re-opening the reqs, or if the turnover was that high. When I saw his resume, it turned out to be exactly what we were looking for, and a price we were willing to pay. It turned out that Infosys was interested in trying to fill $80/hr spots with $30/hr talent, or worse. They were consistent, and I dont blame it on race, but on pure profits over good business. They lost our account.

Re:Right choice (1)

AK Marc (707885) | about a year ago | (#44482165)

Two equally qualified people, and one costs more (H1-B administration costs), why would you hire the more expensive one? Standing up for yourself is a bad quality in an employee. What makes a person a good person and what makes them a good employee are often different.

Re:Right choice (2)

Billly Gates (198444) | about a year ago | (#44482241)

With a masters and 17 years experience the first thing I think of is $$$$!

How much is she going to cost me? If I hire her for $50,000 a year how do I know she wont quit on me for a better job? $50,000 a year is what the average salary of a LAN admin is where I live. I asked HR and they only hire on that number with no budget for anything greater as I.T. is an expense that adds no value.

So I think you have it the other way around as she is obviously overqualified except for consulting and I.T director and CIO kind of work.

Re:Right choice (2)

Narcocide (102829) | about a year ago | (#44482289)

Nice tightly packed grouping of lies there. Either your employers have REALLY pulled the wool over your eyes, or else that is your job.

Re:Right choice (4, Informative)

AK Marc (707885) | about a year ago | (#44482345)

The article indicates they did not offer her a job at any price. Also, the H1-B laws require "market rates" not "below market rates so we can claim no local talent was suitable, despite 10,000 applicants that were qualified on paper)".

Re:Right choice (4, Informative)

nbauman (624611) | about a year ago | (#44482341)

Standing up for certain legal rights is a legally-protected quality in an employee, and employers can't retaliate against them for that.

There were a lot of sex bias cases in which the employee didn't have enough evidence to prove the bias, but they did have enough evidence to prove retaliation, and they won the case.

You can't discriminate against people who refuse to work below the minimum wage, for example.

In addition, if they did preferentially hire Asians for some reason -- on the assumption that Asians were more deferential, for example -- that could be racial discrimination. If they found Infosys managers saying that clearly in emails, they'd win.

Re:Right choice (2)

thaylin (555395) | about a year ago | (#44482291)

Um they have to at least offer her the job for the pay they are willing to pay.. It is a requirement of the H1-B program that they have to have no one qualified. If you are overqualified you are still qualified for the position. That however would lead to an issue of the government seeing that they are not actually paying people market value for their work.

Re:Right choice (3, Informative)

Skapare (16644) | about a year ago | (#44482407)

Under H-1B rules, they still must hire an American if they can find one that is qualified, over a non-American.

Qualify != entitle. (-1)

Anonymous Coward | about a year ago | (#44482127)

Qualify for != entitled to.

Boo hoo.

Re:Qualify != entitle. (1)

thaylin (555395) | about a year ago | (#44482381)

unless they are going over seas to get someone claiming she was not qualified for the position, than she is also entitled. If you dont like it find work in your own country, or play by the rules.

Re:Qualify != entitle. (1)

Skapare (16644) | about a year ago | (#44482429)

Qualified for == entitled to under H-1B rules.

H1 Visa applicants are less expensive (5, Insightful)

Anonymous Coward | about a year ago | (#44482133)

All to common of a problem. H1 Visa applicants are way cheeper than Americans. I was replaced a few years ago because they "could not find anyone in america that could do my job". No one asked if I would like to apply.

Re: H1 Visa applicants are less expensive (0)

Anonymous Coward | about a year ago | (#44482203)

Beware: cheaper doesn't necessarily equate to better.

Re: H1 Visa applicants are less expensive (1)

muphin (842524) | about a year ago | (#44482251)

Obviously, you get what you pay for

Master's degree in information systems (5, Interesting)

linuxguy (98493) | about a year ago | (#44482139)

"Master's degree in information systems and 17 years of experience" does not tell us that she was more qualified than the Bangladeshi hired. I have interviewed too many people who look good on paper only.

Re:Master's degree in information systems (-1, Flamebait)

Anonymous Coward | about a year ago | (#44482211)

If you honestly think that a Bangladeshi is better than a native White American, you're fucking retarded.

I've been unfortunate enough to deal with the clusterfuck that is working with South Asians. Every fucking time, the project was a disaster.

Re:Master's degree in information systems (5, Informative)

AK Marc (707885) | about a year ago | (#44482227)

There is lots of discrimination in hiring. Much of it has been studied and documented. Other parts haven't gotten as much attention. She never claimed she was "more" qualified, just that when the position was available, she wasn't hired, and when the position was filled, it was filled with someone who can't take the role unless "no other qualified candidate could be found". Which implicitly states she wasn't qualified, and bears no comparison between her and the person hired. He couldn't be considered unless she was already rejected as "unqualified". Not "qualified, but undesirable".

The rules for H1-B are well defined. Based on a glance, the facts seem to be on her side.

Re:Master's degree in information systems (4, Insightful)

Charliemopps (1157495) | about a year ago | (#44482605)

I once had a business owner tell me he wouldn't hire a man with long hair. I said "that's illegal!" he replied "So?" Being young and naive I called a lawyer... who laughed at me and told me I needed a better reason to be a minority, judges don't like long hairs either.

Re:Master's degree in information systems (0)

Anonymous Coward | about a year ago | (#44482235)

"Master's degree in information systems and 17 years of experience" does not tell us that she was more qualified than the Bangladeshi hired. I have interviewed too many people who look good on paper only.

That's ironic. Most of the padded resumes that come across my desk are from InfoSys. I assume it's in their culture to embellish and hopefully not get caught.

Re:Master's degree in information systems (2)

Martin Blank (154261) | about a year ago | (#44482371)

I was looking for a job in another state for a couple of years, but had a job that I generally enjoyed and paid well so I could afford to bide my time looking for the job I really wanted. It was the first time in about 7 or so years that I had done so, but I had to quickly relearn how to sift out the bad recruiters, which turned out to be most of them. A couple of them that managed to get my updated resume wanted to "update" it, changing terms to things that didn't reflect my experience at all (major example: I'm not a programmer and one guy wanted to make it look like I had more than a decade of C experience because I took a semester of it in the 1990s).

What I discovered is that the majority of the contacts came from resume mills, and further delving suggested that many of them simply collect resumes to dump on clients en masse, with or without editing. Some of them take qualified resumes and change the contact information to others as part of a further hiring scam.

In the last three years, I've worked with maybe four good recruiters who took the time to figure out what I wanted and to try to match me up with a company where everyone would be happy. Unfortunately, all of them have since moved on to different companies.

Re:Master's degree in information systems (4, Interesting)

Anonymous Coward | about a year ago | (#44482469)

I interviewed a candidate from InfoSys about a year ago. The resume looked pretty good. Probably because it was *my* resume. They changed some details but it was a sloppy find/replace job.

Re:Master's degree in information systems (0)

Billly Gates (198444) | about a year ago | (#44482265)

Sometimes you do not need to eat Fillet Magnion every night. Sometimes McDonalds works fine if you are hungry.

Same is true with a lot of I.T. jobs. With this court record she is now unemployable for any HR department that does a background check. Would you hire her?

I wouldn't and if I just need someone to answer phone calls asking why Sam can't log in and to do a password reset then gosh dolly I do not need someone with 17 years experience and a masters degree to check a file permission or reset a password.

A Bangladeshi can do that work just fine.

Well don't ask for 4 year degree for level 1 jobs (1)

Joe_Dragon (2206452) | about a year ago | (#44482317)

Well don't ask for 4 year degree for level 1 jobs or even IT jobs that need lot's of hands on skills to do. But in this case for a lead VMware/Windows administrator 17 years is good certified better only the master part is maybe pushing it.

Now what if some if about 15 years and certified wanted the job as well. Will they still hire the H1B1?

Re:Master's degree in information systems (3, Interesting)

retchdog (1319261) | about a year ago | (#44482333)

Maybe everyone here who complains constantly about the abuse of the H1B system can kick a few bucks her way to compensate for the risk she's undertaking to advance their agenda.

Re:Master's degree in information systems (0)

Anonymous Coward | about a year ago | (#44482449)

With this court record she is now unemployable for any HR department that does a background check. Would you hire her?

It depends: Is she good at the job that she applied for?

One thing I wouldn't do, is post on Slashdot about how I'd discriminate against her in hiring due to a court records search.
In my state, that'd be illegal, at least according to the court search web site.

Re:Master's degree in information systems (1)

Billly Gates (198444) | about a year ago | (#44482601)

With this court record she is now unemployable for any HR department that does a background check. Would you hire her?

It depends: Is she good at the job that she applied for?

One thing I wouldn't do, is post on Slashdot about how I'd discriminate against her in hiring due to a court records search.
In my state, that'd be illegal, at least according to the court search web site.

There is nothing illegal about not hiring anyone who has filed a workmans comp or has sued. It is illegal to not hire or fire someone based on discriminatory actions on sex, faith, disability, or color. The issue is a civil rights one.

In no way is a background check a violation of ones civil rights.

But, that is not why I would not hire her. I would not because of risk based on her actions and this is not a civil rights issue at all. Now if I were an asshole and said I would not hire her because she is Irish and a woman then I would be in hot water!

Courts understand that hiring anyone is a risky and very expensive task for any individual or business. While I do think it sucks as someone rightfully being taken advantage of is marked for life, you can't change the facts that everyone does it and their insurance company forces them too. Their insurance dictates to hire the less risky employees or we wont cover your ass!

Re:Master's degree in information systems (2)

thaylin (555395) | about a year ago | (#44482301)

She does not have to be more qualified than the Bangladeshi, just qualified for the position. It is a requirement for H1-B that there cannot be an American qualified for the position in order to give that visa.

Re:Master's degree in information systems (0)

Anonymous Coward | about a year ago | (#44482331)

She doesn't have to be more qualified, just suitably qualified for the position.

Re:Master's degree in information systems (2)

WindBourne (631190) | about a year ago | (#44482391)

I have also worked with a number of Indians who were educated in India and are NOT ready for work here.

BUT, I think that she is arguing that she was good enough and the job should not have been outsourced.

Re:Master's degree in information systems (2)

jeff4747 (256583) | about a year ago | (#44482473)

She doesn't have to be more qualified. She just has to be qualified.

The H1B law requires going to H1Bs only if no qualified US workers can be found.

Re:Master's degree in information systems (1)

Anonymous Coward | about a year ago | (#44482555)

The only qualification that matters is the willingness to work under slave labor conditions. That's all they are looking for. The last thing I did for my old company was to train the Indian workers who were taking my job. They couldn't seem to grasp data normalization, SQL, database triggers or even data validation routines. Some of them knew a little about VB6. They never did figure out what a DBA should actually do. But the company got five or six of them for less than I was making here in the US - they were cheap and would work long hours in kind of a tag-team fashion. I heard later that things that I used to deal with in a couple of minutes took them weeks to get done and usually ended up taking two or three tries to get right. The company wanted cheap and they got cheap, slow and incorrect.

She may well be right, but (0)

Anonymous Coward | about a year ago | (#44482151)

I think she should get on with her career. IT is not a profession like professional sports where there is a very limited number of good-paying jobs. Had she been hired, by her own reckoning she would have probably faced workplace bias and it might not have been a satisfactory work environment for her.

If she's really good she should be able to find another opportunity where she'll be a lot happier than she should have been. OTOH if she's only average or below, well maybe that's why Infosys passed on her in the first place.

I've been turned down by a lot of employers over the course of my career. I spend a total of maybe 20 seconds a year thinking about all of them combined.

Re:She may well be right, but (3, Insightful)

Anonymous Coward | about a year ago | (#44482193)

I wouldn't be surprised if someone else is behind this. If Infosys was smart, they'd settle quickly, otherwise lots of interesting information will come out in discovery. Information which will require they buy a lot of Congress-people and Senators if they want to continue operating in the country.

Re:She may well be right, but (1)

thaylin (555395) | about a year ago | (#44482313)

There are a lot of assumptions and bad logic in your post. if they have workplace bias than that needs to be dealt with, telling someone to move on is not the right answer to it.

Re:She may well be right, but (1)

dkleinsc (563838) | about a year ago | (#44482329)

At least 2 problems with your argument:
1. In order to win, Ms Koehler needs to prove that she was rejected because of her national origin rather than her qualifications and merits. Since we don't know what evidence she has, we don't know if she's right, but if she wins her case it will be because she has demonstrated by a preponderance of the evidence that Infosys basically hung out a sign that said "Help Wanted. No Americans need apply" (similar to this [timesunion.com] ). What she is claiming is that she could be the best worker in existence and still not be hired or even seriously considered solely because she is a US citizen.

2. You seem to be suggesting that if you're the victim of injustice, the right thing to do is to accept it and move on. Historically speaking, that never works. For example, Booker T Washington argued that African-Americans should basically accept the injustices aimed at them and try to improve themselves with education and entrepreneurship. The result was more injustices, particularly aimed at those who had become educated and/or entrepreneurs. By contrast, Medger Evers wanted to fight for African-American rights, and that strategy ultimately succeeded (but not for Evers, who was killed for his stance).

Re:She may well be right, but (2)

Skapare (16644) | about a year ago | (#44482445)

H-1B rules are different. H-1B allows brining in foreign workers to fill the gap when Americans with the qualifications cannot be found. Assuming she is qualified and assuming she did apply for the job, then they have no basis to use H-1B to bring in the foreign worker.

More likely she is being discriminated against because she won't submit to a captive (stuck with the same employer and cannot complaint about horrible working conditions we so often see in H-1B situations).

Personally, I'd rather see an open system. But that also means the foreign workers who hold the H-1Bs can jump over to any employer they want (carrying a prorated debt to the company that paid for getting them the H-1B). So anyone that wants an open system needs to also allow this or it isn't really open.

theres a thing that rhymes with "ion" (0)

Anonymous Coward | about a year ago | (#44482155)

it starts with the letter u. what am i thinking about, IT douchebags?

Re:theres a thing that rhymes with "ion" (5, Funny)

sexconker (1179573) | about a year ago | (#44482225)

it starts with the letter u. what am i thinking about, IT douchebags?

I can't think of any English word that meets those requirements.
You're thinking about "union", but "union" doesn't rhyme with "ion".

Just like a typical union worker, you've:

1: Failed to get the basics right.
2: Demanded far too much time, money, and attention for your output.
3: Managed to act like an asshole in the brief interaction you've had with other people on the matter.

Have an real apprenticeship system, hireing hall (1)

Joe_Dragon (2206452) | about a year ago | (#44482351)

Now an hiring hall system can be better then some of staffing / Recruiting firms.

an apprenticeship can cut years in the class room and help fill Skill gaps as well. I say 1-2 years pure classroom max (up front) and then some kind of apprenticeship system with on going education.

Hmmm.... (0)

Anonymous Coward | about a year ago | (#44482183)

Job applicant didn't get the job and sues company? Maybe it's her attitude that lost her the job.

Re:Hmmm.... (1)

Skapare (16644) | about a year ago | (#44482455)

Maybe. Maybe not. Maybe it's discrimination by the employer that considers the "qualification" to be one who has a visa that ensures they cannot move along to a new employer for 6 years.

there's such a thing s being overqualified (1, Insightful)

ClassicASP (1791116) | about a year ago | (#44482195)

seen it happen. they probably hired a YOUNGER person. too much experience and too much knowledge can be reason not to hire. sometimes a job merits someone who is still eager and driven towards getting more experience under their belt, or perhaps someone hellbent on climing up the ladders in a company and determined to do things with vigor that show they are loyal to their company (someone more ignorant).

Re:there's such a thing s being overqualified (1)

Anonymous Coward | about a year ago | (#44482253)

seen it happen. they probably hired a YOUNGER person.

Read the article please. This isn't about young vs old. This is about InfoSys's company being 90% H1Bs and local American workers being discriminated. Literally... They took our jobs.

there being overqualified & overqualifed job p (2)

Joe_Dragon (2206452) | about a year ago | (#44482279)

There are job posts that may be for level 1-2 jobs but the listed skills needed for the job can be make people who really have all the listed skills to be overqualifed for that job. Some times it's just HR who does not know to much about IT and puts stuff down like need 5 years working with 2012 or windows 7 / 8.

Some times the over the top job posts are there to hire an H1B1 and the big list makes it easy to say that there is no one who wants the job and few that do get past that they find to way to say they will not fit in this job.

Doesn't matter for this (4, Insightful)

Sycraft-fu (314770) | about a year ago | (#44482435)

The thing is you can't bring in an H1-B visa person just because you want them, or feel like they are a "better fit" or any of that. You can only do it if you cannot find a qualified US candidate (citizen, permanent resident, etc). If you get an applicant that is qualified and wants the job, you have to take them over getting someone on a visa. You can't argue that they are overqualified, because you have to take them if they are qualified.

That's the whole deal with the H1-B visa program: It is supposed to be for jobs you can't fill locally, either because there is too much demand for that kind of worker, the skill set isn't around, whatever. You can't find a qualified candidate, so you get one on a visa.

You fail Cit (-1)

Anonymous Coward | about a year ago | (#44482229)

won't be standing fastest-growing GAY a nned to play

h1b1 rules likey broken as well (1)

Joe_Dragon (2206452) | about a year ago | (#44482233)

h1b1 rules likey broken as well

This is trouble (4, Insightful)

zoffdino (848658) | about a year ago | (#44482239)

While most will criticize her ego, I see the lawsuit has some merits from an immigration/hiring practice angle. The biggest source of H1-B visas are from outsourcing companies like InfoSys, who hires almost exclusively from India. She is alleging that they passed over the qualified American applicants (which she may be one), to claim that no one can fill the opening and get an H1-B instead. This also inadvertently causes a racial bias, which favors South Asians over any other ethnic groups. She may have an inflated sense of self-worth, but the lawsuit is noteworthy as it's (the first time???) I've heard an American worker stands against tech companies in their hiring practices. The are hardly attracting the best minds to the US. They are only getting them cheap. And it must be stopped.

Re:This is trouble (5, Informative)

Jah-Wren Ryel (80510) | about a year ago | (#44482433)

One important note about the H1B program that rarely gets any press is that while there is a legal requirement to hire qualified citizens before considering an H1B holder, there is zero money allocated to enforce that requirement.

It only gets enforced in cases like this where someone who was blatantly passed over in favor of an H1B holder who pushes on their own to see it enforced. To the best of my incomplete knowledge there has been a total of 1 enforcement actions by the DoJ regarding this sort of rule breaking during the entire ~2 decades of H1B visas.

Re:This is trouble (2)

Type44Q (1233630) | about a year ago | (#44482523)

While most will criticize her ego

We will?

What was that, some sort of subtle attempt at a strawman?

Re:This is trouble (0)

Anonymous Coward | about a year ago | (#44482541)

They are only getting them cheap...

And without considering the risk of industrial espionage and spying.

Re:This is trouble (4, Interesting)

Trepidity (597) | about a year ago | (#44482635)

Even for those of us who support expanding legal immigration, they are pretty terrible poster children. Infosys and the like give H1-Bs a bad name which then drags the legitimacy of the whole system down with them. More respectable tech companies like Google and Microsoft do have sporadic abuses, but for the most part they use the system much more like how it was intended to be used. It would be nice to find a way to tailor the system more towards them, cut the Infosyses out of the game, and then expand a cleaned up H1-B system.

One approach could just be to put an absolute salary floor on H1-B positions. If you're willing to offer someone $120k, I have a lot more confidence that this is actually a job in demand that fills a critical gap in the U.S. economy, versus if you aren't willing to pay more than $60k for this supposedly impossible-to-fill position.

Slow train coming (2)

WOOFYGOOFY (1334993) | about a year ago | (#44482257)

This is a slow train that's been coming for a long time. Richly deserved, by any measure. the US is not India, and isn't going to allow for flagrant, over the top wholesale discrimination. We've already been there, done that, and we're not going back.

Infosys is fucked.

Sell.

Re:Slow train coming (2)

jd2112 (1535857) | about a year ago | (#44482401)

This is a slow train that's been coming for a long time. Richly deserved, by any measure. the US is not India, and isn't going to allow for flagrant, over the top wholesale discrimination. We've already been there, done that, and we're not going back.

Infosys is fucked.

Sell.

I'm sure they have enough US based, high-priced legal talent to drag this out indefinitely.

Re:Slow train coming (-1)

Anonymous Coward | about a year ago | (#44482413)

>>> the US is not India

Can't agree more! WTF can India, do if we imprison some Infosys top brass or make them pay beeellllions? It is not like India is going to twist the balls of the UN to impose sanctions on the US, or something like that, eh? And the Prez will overrule that anyway.

The whole H1B is a scam. Why should a Bangladeshi need one if he/she can do this job? What kind of visa did McDonald burger get to get into that country? Worker should be as free to move as money from one country to another, period.

Re:Slow train coming (0)

Anonymous Coward | about a year ago | (#44482567)

Unfortunately Infosys probably owns the judge and can buy others to come in as defenders of the corporate "Screw the worker" theme. It almost makes you yearn for the good old days of labor unions and industry-wide shutdowns.

It's about time (5, Insightful)

msobkow (48369) | about a year ago | (#44482285)

I've contracted in the US a few times. I worked closely with the consulting companies I dealt with.

And when it came time to search for more work, they let me in on some of the keywords to watch out for when perusing ads. Those keywords mean they're postings to meet the legal obligation of advertising for a position before bringing someone in on a work visa.

There is no point applying for those jobs -- 99% of the time they already have an overseas candidate in mind and they're just filling in the blanks for the paperwork by posting the ad.

And that was way back in the late 1980's. From what I can see of the situation, it has not changed. Most ads placed in newspapers and online nowadays seem to be to meet the paperwork requirements for bringing in cheap overseas labour.

By the way, I was quite qualified for many of those jobs, and applied anyhow. I had a few interviews, but despite years as an Oracle performance tuner and DBA, it seemed that the cheap Indian offshore workers always got the jobs. Same old, same old.

The US doesn't need H1-B programmers at this point in time -- there are too many unemployed people out there. It's all a scam to save money.

Re:It's about time (5, Interesting)

dkleinsc (563838) | about a year ago | (#44482397)

It's all a scam to save money.

Sort of. Hiring H1-B applicants is a pretty expensive process and definitely a pain in the butt. Granted, the workers don't get to see as much of the cost of hiring them, but there are a lot more middlemen involved who each take their cut.

What's really going on is replacing "free labor" citizens with what amount to indentured workers who basically can't quit. It means that when you decide "The entire tech department will now work 85 hours a week", you don't have the exodus of employees that you will get from citizen workers who (rightfully IMHO) won't stand for that sort of thing.

It's not just about money, it's also about control and convenience for management.

Re:It's about time (2)

Jah-Wren Ryel (80510) | about a year ago | (#44482451)

Those keywords mean they're postings to meet the legal obligation of advertising for a position before bringing someone in on a work visa.

Sometimes, they don't even post the jobs at all. [cringely.com] Keeps those pesky citizens from applying and creating more makework.

Re:It's about time (2)

Skapare (16644) | about a year ago | (#44482485)

And this is exactly why a lawsuit ... or better yet, criminal charges (so it means time in prison when convicted) needs to be brought to court, to clear this up.

That said, I'm in favor of letting provably qualified workers come to this country under certain conditions. Number 1 is they are free to move on to a new employer at any time, which they might want to do for better pay and/or better conditions. And number 2 is that they state an intent to seek American citizenship, and move through the steps to get that over the course of their visa based employment.

Re:It's about time (0)

Anonymous Coward | about a year ago | (#44482595)

Being an consultant for a long time, many of my clients problems come from shit work done by H-1bs or projects that were started off-shore but never got to the point of being good enough. We find a great amount of garbage code. Just because the logic is good enough to clean compile doen't mean it's still not crapware. I'm sure it will not happen soon enough but my hope is the H-1b visa scam will be stopped and places like Infosys offshore operation will be shut down and seen for exactly what they are.

More like millions (1)

Anonymous Coward | about a year ago | (#44482327)

Thousands is a low number. I was recently laid off from a major US corporation because they figured that they can just hire people for cheap in low cost of living regions to perform my job after a fucked up year of having to join conference calls in the middle of the night.

The problem is that there is no import tax on code and services. Our government is more concerned with catching latinos who come here to work and spend money locally because that's what they know ... bang bang bang ... pistols and badges. Oh yeah, and fighting the drugs that ruin our society while corporate executives pat themselves on the back and load up on more of the profits, also made in the US, because people in regions with low standards of living don't care about buying the products they make and support. (ie: Apple in China)

I worked with a guy who had to take a bus home from work, who was doing work that in the US a consultant charges 200$/an hour supporting. Yeah, his work was good, but he was getting ripped off majorly because that's what his fucked up government prepared him for. Slavery.

Look at tata as well. IN addition, H1Bs need to .. (1)

WindBourne (631190) | about a year ago | (#44482361)

be changed. They should only be allowed for positions that can not be filled by Americans and can be proven.

One other item is that at some point, we need to say that if a nation is manipulating their money against just the dollar, then we need to stop trade with them. The idea of free trade is that the nations equalize by money changing. With this approach, it is simply theft.

Re:Look at tata as well. IN addition, H1Bs need to (1)

Martin Blank (154261) | about a year ago | (#44482491)

Every nation manipulates their money against the dollar. Preventing that wouldn't work. Some do it blatantly, revaluing their currency every few years; some throw some whitewash on it and let it float in a narrow band; and some pretend it's purely market-driven. But taxes, duties, and currency purchases and sales can and do alter exchange rates, sometimes dramatically.

But yeah, the visa system needs an overhaul, like more documentation that there are no credible candidates stateside. I think it should include holding over the resumes of all who apply for a given period of time and notes on why they weren't qualified, with random audits. Failing an audit would automatically nullify all visas obtained by the company and block them from applying for new visas for a period of ten years.

I'm not opposed to there being visas, just them being abused.

Re:Look at tata as well. IN addition, H1Bs need to (2)

jeff4747 (256583) | about a year ago | (#44482509)

There's a much easier reform. Make it so the H1B worker can work for any employer.

H1Bs are abused because the worker can not seek a job elsewhere in the US. So let them. Pay for H1B workers will rise to be closer to US workers, but companies that really can't find a US worker could still import one.

No one is irreplaceable...but (0)

Anonymous Coward | about a year ago | (#44482369)

I'm 56 years old with 34 years experience as a zOS Systems Programer (MVS Initially). Being paid 121K+bonus. Am I replaceable, sure. Are you going to get someone who not only knows how, but why for 30L? I highly doubt it.

I'm a near expert on Operating Systems, Data Management, Security, Networking, Disaster Recovery processes and procedures. I'm the person whom people go to when something needs to work RIGHT NOW.

You're not going to get anyone like me for less, but it's your business.

"Qualified" vs. "Best Qualified" (0)

Anonymous Coward | about a year ago | (#44482425)

It doesn't matter that she was simply "qualified" for the job. Another candidate who is "better" qualified will get the job, every time. And, "qualified" doesn't just mean "possesses the credentials that match the job description and has some experience in it." It means that plus "is personable, plays well with other kids in the sandbox, and demonstrates motivation and drive."

Perhaps in the interview she came across as the whiny litigious type that would be nothing more than a constant stream of complaints and grievances.

Re: "Qualified" vs. "Best Qualified" (0)

Anonymous Coward | about a year ago | (#44482557)

That's not how H1Bs work.

I dunno but... (0)

Anonymous Coward | about a year ago | (#44482459)

Could be hard to prove? Im sure pay level requirements in Bangalore are much lower than San Francisco. Its hard for the government to say you can't make more money through outsourcing. Look at what happened to Manufacturing.

Sorry Citizen ... (0)

Anonymous Coward | about a year ago | (#44482461)

... but H1B's do not create Obamacare fines, so there!

If she'd like a witness (2)

jeff4747 (256583) | about a year ago | (#44482487)

I get about 3-6 emails a week from H1B shops offering me jobs in cities I do not live in. I've also expressed no interest in moving to those cities.

Really obvious "We couldn't find a US worker!!" scam.

Employement scam (3, Insightful)

Anonymous Coward | about a year ago | (#44482495)

I hope that the company gets nailed to the wall. I've been in a similar situation for the past four years. I hold multiple certifications including Oracle DBA, but prospective employers don't care about experience, skills or anything except how little they can pay. I've applied for jobs and been passed over for a less experienced H1B worker or some inexperienced trade school kid with an academic visa who doesn't want to go back home and is scrambling to get a green card. We need a law that says "Hire Americans first" with some stiff penalties. Or how about letting companies have as many H1B visas as they want with a yearly fee of $250,000 per H1B visa? And have a clause that overseas outsourcing firms have to pay a similar "labor import duty" per contract worker or employee that is doing work for US companies and the onshore company that has contracted the outsourcing firm has to pay a similar "outsourcing license fee".

Of course when we have Chinese companies doing work on military computer systems for the Pentagon and working on weapons systems as engineers and software developers it's kind of obvious that our leaders have their heads located where the sun never shines, it's nice and warm and the spine assumes a near circular shape. I'd bet that much of the development of the monitoring systems that are watching phone calls, comments on sites, blogs and emails went to Chinese, Pakistani or Indian workers under lucrative outsourcing contracts.

I hope that Infosys gets treated... (0)

Anonymous Coward | about a year ago | (#44482543)

like the white kid in this video: http://www.youtube.com/watch?v=y70tZDW2AqY

but but but THE MARKET PLACE!!! (2)

Ralph Spoilsport (673134) | about a year ago | (#44482551)

it must be KEPT FREE! So we can drive wages down to nothing so our owners can buy another yacht!

Cuz yachts don't buy themselves...

Why this does not make sense to me (1)

walterbyrd (182728) | about a year ago | (#44482607)

Infosys is basically a staffing company, a "middle man" if you will.

If an American company wants to hire an American worker, why would that American company go through an Indian "middle man?"

Of course Infosys hires mostly Indian workers, American employers don't have to go through an Indian staffing company to hire an American.

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