ZDNet UK / News and Analysis / Business of IT / IT Strategy

Ex-Sun worker files discrimination suit

By Lisa M Bowman, GameSpot Europe, 19 March, 2003 14:50

Daily Newsletters

Sign up to ZDNet UK's daily newsletter.

Topics

Race, Sun Microsystems, discrimination, H-1B visa, performance evaluation program

NEWS
A former Sun Microsystems employee is suing the company, claiming it violated age and race discrimination laws by keeping younger East Indian workers while firing him and other American workers. Walter Kruz, 52, who worked for Sun Microsystems 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 favoured the retention of H-1B visa holders in order to save money. An H-1B visa is used by companies to import skilled workers from other countries to fill positions in the United States. "Ultimately, Sun's scheme was successful, allowing it to keep certain positions filled while dramatically reducing its labour 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. Kruz's suit, filed in Superior Court in Santa Clara County, California, seeks class action status on behalf of all "non-East Indian" employees that were affected by Sun's work force reduction policies. James Caputo, an attorney representing Kruz, estimates the class could encompass as many as 2,400 former Sun workers. The suit seeks unspecified damages and a jury trial. The suit claims that Sun has a bias in favour of East Indian workers that is "an extricable part of its corporate culture. The suit also cites a 60 Minutes interview with sun co-founder Vinod Khosla, now a partner at venture capital firm at Kleiner Perkins Caufield & Byers, in which he said East Indians are "favoured over almost anybody else". Sun spokeswoman Diane Carlini said the company had not yet seen the suit, but she said the quotes were taken out of context. She said that Khosla, who is no longer an employee of the company, does not have sway over the company's hiring and firing practices, as far as she knows. Khosla did not immediately respond to requests for comment. Carlini also said Sun has been cleared of similar charges that its H-1B practices violated labour laws. "It seems similar to what we've seen in the past where we have been cleared," she said. It's hard to come up with an exact figure for the number of employment discrimination claims based on H-1B issues because such complaints are filed through a variety of disparate channels, including federal and state courts and agencies such as the Equal Employment Opportunity Commission. However, many laid off high-tech workers experiencing prolonged layoffs in a down economy are becoming more vocal in blaming H-1B workers and outsourced employment for their plight. Caputo has filed a similar suit in federal court in Colorado on behalf of ex-Sun workers who are not California residents. In another similar case, former Sun worker Guy Santiglia charged the company broke laws related to H-1B hiring practices. Last month, a Department of Labor administrative law judge ruled that Santiglia, who decided midway through proceedings to represent himself, had failed to prove the company significantly violated employment law.
For all job and work-related news, or to search for a job and get information on training, go to ZDNet Jobs. Let the editors know what you think in the Mailroom.

Related stories

BT outsourcing move brings strike threats

Sun delivers all-in-one small-biz package

Indian outsourcing set to grow

Heart of England NHS begins massive digitisation plan

Hard-drive woes hit PC shipments in fourth quarter

Post your comment

In order to post a comment you need to be registered and logged in.

You can also log in with Facebook. Log in or create your ZDNet UK account below

  • Login

Will not be displayed with your comment

By signing up for this service, you indicate that you agree to our Terms and Conditions and have read and understood our Privacy Policy. Questions about membership? Find the answers in the Community FAQ

Get ZDNet UK's daily newsletter

Enter your email address to sign up

ZDNet UK Live

bootlegger

Make that 13 people now - I got refused today at Manchester airport. I thought I was up to date on this legislation - I knew of the EU ruling from...

17 minutes ago by bootlegger on UK airport body scans will not be opt out
tinycg

Don't forget to check out apps like GoodReader or SlideShark either, they're indispensible for people on the go in presentation situations. Best...

3 hours ago by tinycg on Four top iPad apps for people on the move
TerryRK

Well it seems there is something a number of us agree on. Why is the Ubuntu Unity launcher so ugly? I thought perhaps it was something to do with...

8 hours ago by TerryRK on A tale of two distros: Ubuntu and Linux Mint
Freebies202

Duplicate comments are not made intentionally. Its very good to know that now you are keeping check on this problem because sometimes a commenter...

17 hours ago by Freebies202 on Microsoft fixes blog comments, speeds up blogs with open source
kevinmchapman

"the very significant number of users" and "many (most) of us" - you have no evidence for these statements. It is a fact that most users are saying...

1 day ago by kevinmchapman on A tale of two distros: Ubuntu and Linux Mint
Marg Menzies Harrison

Another grammar faux pas is the improper use of "you". When sitting down down in a restaurant, for example, I get cringe when the waitress...

1 day ago by Marg Menzies Harrison via Facebook on 10 flagrant grammar mistakes that make you look stupid
zdnetukuser

And NOW, folks, for Canonical's next trick... Kubuntu is late. Here's a pencil. Draw your own conclusions. cf.:...

1 day ago by zdnetukuser on Linux Minterface
Moley

@kevinmchapman. The discussion here reflects the very significant number of users who really do like the traditional menu system and who wish to...

1 day ago by Moley on A tale of two distros: Ubuntu and Linux Mint
kevinmchapman

Er, no... It is an efficient means of finding the application/file/setting you need in one place. The icons are a simply a fallback for when you...

1 day ago by kevinmchapman on A tale of two distros: Ubuntu and Linux Mint
TerryRK

Isn't the provision of a text based search an admission by the developers that the mass of icons approach does not work? I don't need to use a...

1 day ago by TerryRK on A tale of two distros: Ubuntu and Linux Mint
kevinmchapman

"Unity and GNOME 3 both abandon the old text-based cascading menus in favour of a graphical icon-driven system." Point truly missed. Both use a...

1 day ago by kevinmchapman on A tale of two distros: Ubuntu and Linux Mint
TerryRK

whs001 - Thank you, I'm glad you liked the article. I absolutely agree with you on your first point. I should perhaps have made it clearer that...

1 day ago by TerryRK on A tale of two distros: Ubuntu and Linux Mint
Dennis Nilsson

If we allow corporate interest to dictate the way our government circumvents due process against foreign entities then we should accept the same...

1 day ago by Dennis Nilsson via Facebook on ACTA stumbles in Germany
GHar123

I totally dislike pirating of works, I fear that artists will be deterred from creating works if they think that they are going to get ripped off....

1 day ago by GHar123 on ACTA stumbles in Germany
JCB33

How dare film makers, artists or anybody that invests in creativity stop us pirating their works for free. I want to be able to walk into my local...

2 days ago by JCB33 on ACTA stumbles in Germany
Moley

@GrueMaster. I prefer horses for courses rather than one size fits all. I, and I suspect most other computer users, do not really wish to have...

2 days ago by Moley on A tale of two distros: Ubuntu and Linux Mint
greycynic

The product that scares me every time I have to use it is the Office 2007 version of Excel. The first bug that I found was applying the median...

2 days ago by greycynic on Ten flawed products that derail productivity
GrueMaster

Nice review and very informative. One thing I'd like to add (in reply to whs001's 1st question), the main reason to have the same interface from...

2 days ago by GrueMaster on A tale of two distros: Ubuntu and Linux Mint
Frederick Wrigley

I'be been using Mint 12 since the RC came out, and I am far more happy with the Cinnamon, the Mate, and, yes (with extensions), theGnome 3...

2 days ago by Frederick Wrigley via Facebook on A tale of two distros: Ubuntu and Linux Mint
bdantas

Excellent article. One small correction, though--although a fresh installation of Linux Mint 12 will, indeed, provide the user with a version of...

2 days ago by bdantas on A tale of two distros: Ubuntu and Linux Mint

Latest in IT Strategy

Heart of England NHS begins massive digitisation plan

Hard-drive woes hit PC shipments in fourth quarter

Featured white papers

Value of a team: Five pillars to strengthen employee culture

Citrix Online

Value of a team: Five pillars to strengthen employee culture

This white paper explores how to define objectives for employees and clients and how the business can benefit from encouraging... Read more

Key trends driving global business resilience and risk

IBM

Key trends driving global business resilience and risk

This IBM research paper looks at how businesses are thinking more about business resilience by improving the ability to adapt to a continuously changing business... Read more

Cloud computing security: A practical guide

SunGard Availability Services

Cloud computing security: A practical guide

Cloud computing has been the belle of the IT ball, but can you trust it to keep data reliable and... Read more

Inside ZDNet UK

A tale of two distros: Ubuntu and Linux Mint

A tale of two distros: Ubuntu and Linux Mint

2012 Predictions: VCE FastPath, VI SAN Probe & Hadoop

2012 Predictions: VCE FastPath, VI SAN Probe & Hadoop

BlackBerry Bold 9790

BlackBerry Bold 9790

Make faster, smarter decisions using BI

Make faster, smarter decisions using BI

Ten factors that make Ubuntu 11.10 a hit

Ten factors that make Ubuntu 11.10 a hit

Toshiba Portégé Z830-10P Review

Toshiba Portégé Z830-10P Review

BT's archive: Pictures from the vault

BT's archive: Pictures from the vault