Ex-Sun worker files discrimination suit
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Walter Kruz, 52, who worked for Sun starting in May 2000 as a software engineering manager, claims Sun cut American workers and replaced them with workers from India who were younger and lower-paid. The suit alleges that Sun refused to rehire any of the laid off American workers, and that it developed a performance evaluation program that favored the retention of H-1B visa holders in order to save money. “Ultimately, Sun’s scheme was successful, allowing it to keep certain positions filled while dramatically reducing its labor costs,” the suit said. “But Sun’s preference for young East Indians and East Indian visa holders in its RIF (reduction in force) selection process discriminated against workers of other races and national origins as well as against workers over the age of 40.” The case is likely to fuel the fire over H-1B visas, which allow skilled workers into the United States for up to six years. Some tech workers have long questioned the need for such visas, claiming skilled Americans could fill the jobs and companies are just looking for cheaper workers. Tech companies, which successfully lobbied Congress for a higher H-1B cap during boom times, argue that they still need the workers for certain tasks. Although it’s not illegal to hire or retain H-1B workers in lieu of American workers in most cases, employers must pay the “prevailing” wages for specific jobs in a region and the process cannot adversely impact a specific population of workers. More : news.com |