Tata Fired White US Workers in Favor of Visa Holders, Suit Says

Mumbai-based information technology firm Tata Consultancy Services Ltd. has targeted older American workers for termination at its US operations to make room for foreign workers on temporary visas, according to a new federal lawsuit.

The company, also known as TCS, is one of the largest users of H-1B specialty occupation visas especially popular in the tech industry. TCS has previously defended itself against litigation accusing it of unlawfully favoring South Asian workers who aren’t US citizens.

The complaint, filed Tuesday by former employee Randy Devorin, alleges that TCS has pushed out older White workers in favor of thousands of recent graduates on temporary work visas. The 61-year-old Devorin was terminated as part of layoffs at TCS in 2023 after 10 years at the company.

“Based on Mr. Devorin’s discussions with colleagues, the layoff appears to have targeted non-Indians who were over 40 years of age,” according to the complaint in the US District Court for the Southern District of Florida.

The lawsuit also cites public comments from TCS Chief Operating Officer N. Ganapathy Subramaniam about plans to hire 40,000 recent college grads this year.

Devorin alleges violations of the Age Discrimination in Employment Act as well as Section 1981 of the 1866 Civil Rights Act. The lawsuit seeks unspecified damages and attorney’s fees.

His complaint comes after reporting by the Wall Street Journal that at least 22 American workers have filed complaints against Tata with the US Equal Employment Opportunity Commission since December alleging race and age-based discrimination in favor of Indian workers on temporary visas. Devorin was among the workers who filed a complaint with EEOC as well as the Florida Commission on Human Relations, according to the lawsuit.

Devorin is represented by Morgan & Morgan, P.A.

Tata didn’t immediately respond to a request for comment on the suit.

The case is Devorin v. Tata Consultancy Services Ltd, S.D. Fla., No. 9:24-cv-80435, complaint filed 4/9/24.