Third Circuit Revives White Worker’s Suit Alleging Bias in Favor of South Asians

It does not matter what your background might be, you could be the victim of illegal workplace discrimination. While most attention over the years has been devoted to bias against minority groups and women, white men also have experienced unfair treatment during the employment application process, and on the job. Recently, an appeals court revived the claim of a white man who alleges that his former employer showed blatant favoritism toward South Asian workers.

In Williams v. Tech Mahindra, plaintiff Lee Williams sought class-action status for individuals who allege they were harmed due to Tech Mahindra’s consistent bias. The District of New Jersey had dismissed Williams’ lawsuit, stating that he failed to claim he would not have been terminated but for his race. This standard, known as the “but-for causation” test, is typically used in individual discrimination cases to determine whether an employer’s actions were directly motivated by an employee’s legally protected characteristic, such as race.

However, the Third Circuit reversed the decision, noting that for class actions alleging systemic bias, the appropriate standard is whether the employer engaged in a “pattern or practice” of discriminatory behavior. According to the panel, Tech Mahindra has approximately 5,000 employees in the United States, 90 percent of whom are of South Asian descent. Additionally, the company hires thousands of foreign nationals from South Asian countries by obtaining H-1B visas for them. Williams said that one of the effects of this unbalanced ratio is that he was excluded from conversations at the company’s national meetings because most were conducted in Hindi. 

If you suspect systemic discrimination at your workplace, consulting with an experienced employment attorney can help you evaluate whether a potential legal claim exists. You might be able to bring an individual case if you personally suffered an adverse job action due to discrimination. There is also the option of a class-action lawsuit if a pattern or practice of illegal bias can be shown. 

Kardell Law Group advocates on behalf of employees who have been mistreated based on a protected personal characteristic. This includes so-called reverse discrimination cases where plaintiffs are not members of a minority group. To schedule a discussion regarding your particular circumstances and legal options, contact us today.