Los Gatos Weekly Times

Noteworthy performanc­e, contest honor Beethoven’s 250th birthday.

Company says it didn’t break the law or its own policies

- By Ethan Baron ebaron@bayareanew­sgroup.com Contact Ethan Baron at 408920-5011.

California’s fair-employment regulator is suing San Jose technology giant Cisco, alleging it allowed supervisor­s of upper-caste Indian origin to discrimina­te against an engineer from the caste formerly known as “untouchabl­e.” The Department of Fair Employment and Housing noted in its suit that members of the “Dalit” caste, known previously as “untouchabl­es,” continue to face discrimina­tion and segregatio­n in India, and the agency alleged that at Cisco, “higher caste supervisor­s and co-workers imported the discrimina­tory system’s practices” into the team where the engineer worked. The engineer is identified anonymousl­y as John Doe in the suit filed Tuesday in U.S. District Court in San Jose, which accuses Cisco of violating federal civil rights law and state employment laws. The company said in a statement Wednesday that it did not violate any laws. Doe, as a Dalit, is a minority among people of Indian origin working in the U.S., where only 1.5% of Indian immigrants come from lower castes, the agency said in the suit. “The same is true of the Indian employees in Cisco’s workforce in San Jose,” the agency claimed. Doe’s team was made up entirely of employees who immigrated to the U.S. as adults from India, all but him from high castes, the suit alleged. “Doe was expected to accept a caste hierarchy within the workplace where Doe held the lowest status within the team and, as a result, received less pay, fewer opportunit­ies, and other inferior terms and conditions of employment,” the suit claimed. “They also expected him to endure a hostile work environmen­t.” A Cisco spokespers­on said the company was committed to an inclusive workplace for all employees. “We have robust processes to report and investigat­e concerns raised by employees, which were followed in this case dating back to 2016, and have determined we were fully in compliance with all laws as well as our own policies,” the spokespers­on said in an emailed statement Wednesday. “Cisco will vigorously defend itself against the allegation­s made in this complaint.” Doe has more than two decades of experience as a software developer, and was hired in 2015 to work at Cisco’s San Jose headquarte­rs, according to the suit. His purported problems started about a year later, after he learned from two colleagues that the supervisor who had recruited and hired him had told them Doe was Dalit and had been an affirmativ­e-action student at the Indian Institute of Technology in India, the suit claimed. Doe, “contrary to the traditiona­l order between the Dalit and higher castes,” confronted the supervisor, who asked who had claimed he had made the comment, the suit alleged. After Doe told him, the supervisor denied making the comment and said Doe’s colleagues were lying, the suit claimed. Doe then contacted Cisco’s HR department to file a complaint against the supervisor, according to the suit. Six days later, the supervisor told Doe he was stripping Doe’s lead role on two projects, the suit alleged. The supervisor also took team members away from another project Doe was working on, the suit claimed. The changes led Doe to be “isolated from all his colleagues,” the suit alleged. After Doe submitted a written complaint about the alleged discrimina­tion, Cisco employee-relations staff “indicated that caste discrimina­tion was not unlawful,” and found Doe’s complaints to be unsubstant­iated, the suit claimed. The supervisor continued to retaliate against Doe, further isolating him, disparagin­g him to other workers, and falsely claiming Doe didn’t do his job adequately, the suit alleged. Doe pushed Cisco to reopen an investigat­ion, and it did, uncovering a spreadshee­t showing anticipate­d yearly raises, bonuses, and restricted stock unit awards the supervisor had promised Doe, but that “never materializ­ed when promised,” the suit claimed. Cisco again found it could not substantia­te “any caste-based or related discrimina­tion or retaliatio­n against Doe,” according to the suit. In 2018 Doe received a new supervisor, who continued the discrimina­tion and retaliatio­n, for example by “giving him assignment­s that were impossible to complete,” the suit alleged. The state is seeking unspecifie­d punitive damages, back pay and compensati­on for Doe, as well as a court order forcing Cisco to “institute and carry out policies, practices, and programs that provide equal employment opportunit­ies for individual­s regardless of their religion, ancestry, national origin/ethnicity, and race/color, and that eradicate the effects of their past and present unlawful employment practices.”

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