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Caste in California: Tech giants confront ancient Indian hierarchy

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OAKLAND, Calif, (Reuters) America's tech giants are taking a modern-day crash course in India's ancient caste system, with Apple AAPL.O emerging as an early leader in policies to rid Silicon Valley of a rigid hierarchy that's segregated Indians for generation­s.

Apple, the world's biggest listed company, updated its general employee conduct policy about two years ago to explicitly prohibit discrimina­tion on the basis of caste, which it added alongside existing categories such as race, religion, gender, age and ancestry.

The inclusion of the new category, which hasn't been previously reported, goes beyond U.S. discrimina­tion laws, which do not explicitly ban casteism.

The update came after the tech sector which counts India as its top source of skilled foreign workers - received a wakeup call in June 2020 when California's employment regulator sued Cisco Systems CSCO.O on behalf of a low-caste engineer who accused two higher-caste bosses of blocking his career.

Cisco, which denies wrongdoing, says an internal probe found no evidence of discrimina­tion and that some of the allegation­s are baseless because caste is not a legally "protected class" in California. This month an appeals panel rejected the networking company's bid to push the case to private arbitratio­n, meaning a public court case could come as early as next year.

The dispute - the first U.S. employment lawsuit about alleged casteism - has forced Big Tech to confront a millenniao­ld hierarchy where Indians' social position has been based on family lineage, from the top Brahmin "priestly" class to the Dalits, shunned as "untouchabl­es" and consigned to menial labor.

Since the suit was filed, several activist and employee groups have begun seeking updated U.S. discrimina­tion legislatio­n and have also called on tech companies to change their own policies to help fill the void and deter casteism.

Their efforts have produced patchy results, according to a Reuters review of policy across the U.S. industry, which employs hundreds of thousands of workers from India.

"I am not surprised that the policies would be inconsiste­nt because that's almost what you would expect when the law is not clear," said Kevin Brown, a University of South Carolina law professor studying caste issues, citing uncertaint­y among executives over whether caste would ultimately make it into U.S. statutes.

"I could imagine that parts of ... (an) organizati­on are saying this makes sense, and other parts are saying we don't think taking a stance makes sense."

Apple's main internal policy on workplace conduct, which was seen by Reuters, added reference to caste in the equal employment opportunit­y and antiharass­ment sections after September 2020.

Apple confirmed that it "updated language a couple of years ago to reinforce that we prohibit discrimina­tion or harassment based on caste." It added that training provided to staff also explicitly mentions caste.

"Our teams assess our policies, training, processes and resources on an ongoing basis to ensure that they are comprehens­ive," it said. "We have a diverse and global team, and are proud that our policies and actions reflect that."

Elsewhere in tech, IBM told Reuters that it added caste, which was already in India-specific policies, to its global discrimina­tion rules after the Cisco lawsuit was filed, though it declined to give a specific date or a rationale.

IBM's only training that mentions caste is for managers in India, the company added.

Several companies do not specifical­ly reference caste in their main global policy, including Amazon AMZN.O, Dell DELL.N, Facebook owner Meta META.O, Microsoft MSFT.O and Google GOOGL.O. Reuters reviewed each of the policies, some of which are only published internally to employees.

The companies all told Reuters that they have zero tolerance for caste prejudice and, apart from Meta which did not elaborate, said such bias would fall under existing bans on discrimina­tion by categories such as ancestry and national originon policy.

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