BENGALURU: In a US class action suit that alleges discrimination in employment practices by (), a federal judge has granted TCS’ motion to bifurcate the claims of plaintiff from those of other plaintiffs. The bifurcation was effected to compel arbitration for those with whom the company had signed mutual arbitration agreements.
The class action suit was filed by Buchanan, Christopher Slaight, Seyed Amir Masoudi, and Nobel Mandili. The plaintiffs alleged that TCS had a practice of favouring visa-ready individuals and benched expats who were predominantly South Asian. An email sent to TCS did not elicit a response.
The case goes back to 2014 when Buchanan worked for utilities major (SCE). The company informed Buchanan and his 400 other co-workers that they would be terminated and replaced by TCS employees. Buchanan, the lawsuit said, agreed to remain in his position with SCE until early 2015 to train the incoming TCS employees and he was discharged of his duty in 2015 when TCS assumed responsibility for SCE’s IT needs.
In 2015, TCS asked all new employees hired in the US to sign mutual arbitration agreements. Those who executed this agreement can no longer be part of the case brought by Buchanan, and must arbitrate. “To allow plaintiffs to present evidence at a trial of Buchanan’s claims would result in confusion and could lead to prejudice against TCS by allowing Buchanan to benefit from factual allegations about TCS’s internal staffing process that are otherwise not relevant to his failure-to-hire claims,” the federal judge’s order says.
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