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Infosys must face claims it told recruiter not to hire women with kids 'at home'

(2022/10/04)


A US judge has rejected IT outsourcer Infosys's motions to dismiss claims of a former recruiter that the company discriminated and retaliated against her.

Jill Prejean, a specialist at recruiting hard-to-find executives, says she was hired by Infosys in 2018 at the age of 59 to find workers for its $1 billion-a-year consulting division.

In an [1]amended complaint [PDF] filed in September last year, Prejean also names a former CEO of its consulting division and two company vice presidents along with the company. She alleges that, upon joining, she found Infosys had a "rampant culture of illegal discriminatory animus among the partner level executives based on age, gender and caregiver status."

[2]

She claims in the filing that she "tried to change this culture within the first two months of her employment" but was met with "resistance from [then Infosys partners Jerry] Kurtz and [Dan] Albright, who became hostile in the face of her objections and sought to circumvent her authority in order to evade compliance with the law" when she met with them to establish at Infosys's hiring needs and preferences.

[3]

[4]

The complaint goes on to claim that when a new supervisor, Infosys's former head of consulting, Mark Livingston, was hired, she "received an order to institute such unlawful hiring criteria," and that her objections "resulted in a direct and immediate threat to her job, and ultimately did cost her job."

Specifically, she alleges, Livingston demanded that Prejean should "not put forward candidates for jobs who were over 50 years of age and women who had children at home."

[5]

She goes on to claim that Livingston, who supervised her, would "get angry and raise his voice" when she refused to make "prohibited, discriminatory inquiries of candidates"; that he "treated her like a secretary"; and that he vetoed the hiring of a "highly qualified female candidate because of one comment from a man."

According to the court docs filed last week, Livingston is alleged to have learned from another man whom the female candidate had supervised that the candidate had "corrected the man" and that man therefore disliked her.

Prejean is claiming the company and the execs broke New York City Human Rights Law when Kurtz and Albright "expressly stated" their discriminatory hiring preferences to her; claiming that they, along with Livingston, "engaged in a concerted campaign of harassment, intimidation, and threats to... her job"; and "on a weekly basis ... reiterated their displeasure with Plaintiff not discriminating against candidates and their desire to fire her."

[6]Infosys reduces employee bonuses after execs promised better profit margins

[7]Indian services giants fight over moonlighting employees

[8]India's big four services giants bemoan rising labor costs

[9]Indian stock markets given ten day deadline to file infosec report, secure board signoff

The judge [10]late last week [PDF] denied three motions to dismiss the complaint from the co-defendants, one from Infosys and Livingston; one from Albright; and one from Kurtz. All state there was a lack of jurisdiction and failure to state a claim – pointing out that Prejean, who had fitted the criteria when she was hired, "insufficiently alleged that her own protected characteristics motivated their actions."

Dismissing the motions, the judge pointed out that Prejean had alleged that while she worked at Infosys she was "repeatedly urged ... not to hire candidates approaching the age of 50 or women with caregiving responsibilities – both expressions that bear on her own protected characteristics."

[11]

Livingston, Kurtz, and Albright's primary defenses, says the judge, are that none of the interactions that Prejean describes happened.

We have asked Infosys to comment.

The case continues. ®

Get our [12]Tech Resources



[1] https://regmedia.co.uk/2022/10/04/prejean_infosys_complaint.pdf

[2] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_offbeat/legal&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=2&c=2YzxYnHKICi0fTxlwzme0IwAAABc&t=ct%3Dns%26unitnum%3D2%26raptor%3Dcondor%26pos%3Dtop%26test%3D0

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[6] https://www.theregister.com/2022/08/24/infosys_reduces_worker_bonuses/

[7] https://www.theregister.com/2022/08/29/india_it_worker_moonlighting_debate/

[8] https://www.theregister.com/2022/07/25/tcs_wipro_hcl_infosys_results/

[9] https://www.theregister.com/2022/05/25/sebi_modified_mii_infosec_rules/

[10] https://regmedia.co.uk/2022/10/04/opinion_order_infosys.pdf

[11] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_offbeat/legal&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=3&c=33YzxYnHKICi0fTxlwzme0IwAAABc&t=ct%3Dns%26unitnum%3D3%26raptor%3Deagle%26pos%3Dmid%26test%3D0

[12] https://whitepapers.theregister.com/



wolfetone

" Jill Prejean, a specialist at recruiting hard-to-find executives, "

It's not that hard to find someone willing to have a fat pay cheque to just have a few meetings, slam their hand on a desk and demand more productivity for less pay of their workforce.

Anonymous Coward

Perhaps the "hard-to-find" bit refers to non-misoginists?

Dimmer

"The best excuse to get out of work is to have kids" - Scott Adams. ( I think i quoted it correctly)

I bring my kids to work, it is good for them to understand what work is. My guys/gals need time off for kids, they work from home. They get stuff done in between and still get paid without burning sick time. They come to work to have time off FROM the kids.

Best excuse ever was COVID. I still use it on occasions.

Don't want to take on the job, sorry COVID.

Customer is a pain in the butt, COVID.

Obviosity going to lose money on the job, sorry COVID supply chain issues.

Kin want you to just "stop by" because their computer is not acting right, Sorry COVID.

Due to COVID, I have gone from a 70 hr week to 40 or less, same pay.

Terrible Company

Anonymous Coward

Infosys is a terrible company to work for. As a UK employee that was TUPE'd to them you were a second class citizen compared with their Indian hires - who on the most part were treated like shit as well..

I'm Mad As Hell and I'm Not Gonna Take This Anymore!

BeaucoupdeMalt

Nothing new in the land of cold and calculating management. They would only hire eunuchs if they could. That's what they learned to do by the cold, calculating, sexist beasts at Uni that taught them it's fine to do it.

This is not only a jab at management. Most of us working in IT should take our heads out of our bottoms too and realize that for all our talk of inclusiveness there are still deep-rooted prejudices against foreigners, women and older working people. It's time to stop and adopt a more inclusive approach to our colleagues regardless of sex. This is not a white man's job. IT is for many of us the best opportunity to work due to stay-at-home parenting, disabilities or economic reasons and no one should be considered lesser for doing so.

Who are the artists in the Computer Graphics Show? Wavefront's latest box, or
the people who programmed it? Should Mandelbrot get all the credit for the
output of programs like MandelVroom?
-- Peter da Silva