As Disney says, it’s a small, small world. It turns out that after the entertainment and media giant replaced some of its IT staff with contract workers from India. Tata Consulting, Wipro, and a handful of other IT consulting companies comprise about half of all H-1B applications entered into the lottery each year. They are the companies causing headlines about Americans losing their jobs and the uproar over immigration reform (more like restriction).
Disney is being sued for discriminating against against Americans “based solely on their national origin and race, and replacing them with Indian nationals.”
In mid-December, 30 former IT employees let go from Disney World in early 2015 filed a complaint with the U.S. Equal Employment Opportunity Commission, and now in the U.S. District Court in Orlando. The complaint alleges that Disney discriminated against them based on their nation of origin and race.
Disney often tells fairy tales, but now it’s in one
The tale against H-1B Visa holders has been unfolding for some time. In 2014, former Harley-Davidson IT employees filed a federal class action lawsuit alleging the motorcycle company discriminated against American workers by replacing them with H-1B employees from South Asia, according to USA Today. That suit is still pending.
These lawsuits may be nothing more than a fairy tale because so far no H-1B-related suits based on nation of origin or race have been successful. Typically, lawsuits regarding discrimination based solely on national origin or race are filed by minorities. There is no reason why the tables cannot be turned and have non-minority workers facing the same discrimination against them.
The trend is not going away, more H-1B visa holders will face more hostility as technology continues to automate jobs currently held by humans. The practices of certain IT staffing firms may be curtailed, but businesses often buy from cheaper vendors. If Disney believed that it would receive better IT services for a cheaper price, they have a duty to their shareholders to maximize value.
Help maximize your value by setting up your Work Visas Account now. We use the data to complete your H-1B application and assist in managing its status throughout the course of your visa.