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Chinese PROS Developer Gets Pay Bias Trial Despite H-1B Status

Aug. 13, 2020, 4:39 PM

Houston-based PROS Inc. must face trial on a Chinese software developer’s claim he was paid less based on his national origin regardless of whether his non-Chinese counterparts were similarly working under H-1B visas, the Southern District of Texas ruled.

A difference in immigration status isn’t a basis for finding that Zhichao Sun’s proposed comparators on his Title VII of the 1964 Civil Rights Act claim weren’t truly similarly situated to him, the court said Wednesday.

PROS, a publicly traded software company, didn’t cite any “controlling authority” to support a contrary conclusion, Judge George C. Hanks Jr. said.

The U.S. District ...