Milwaukee, WI – On September 23, 2016, Plaintiffs Brenda Koehler, Kelly Parker, and Gregory Handloser (“Plaintiffs”), represented by Kotchen & Low LLP, filed a motion for partial summary judgment against Infosys Technologies Limited (“Infosys”) on Counts I and II of their Second Amended Complaint, alleging national origin and racial discrimination in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, et seq. and the Civil Rights Act of 1866, 42 U.S.C. § 1981. 

Plaintiffs move for partial summary judgment on the matter of their prima facie case – that Infosys operates under a pattern and practice of intentional discrimination against non-Indian and non-South Asian individuals in hiring, promotions, and terminations. For the purpose of their motion, Plaintiffs rely only on statistical evidence derived from Infosys’ own employment records and argue that the gross disparities between the demographics of those hired, promoted, and terminated at Infosys are alone sufficient to support Plaintiffs’ prima facie case.  While only two standard deviations from the expected norm are generally required to make a prima facie showing of that an employer operated under a pattern and practice of disfavoring a certain racial or national origin group, the evidence Plaintiffs presented far exceeds this threshold, making partial summary judgment appropriate.  Granting partial summary judgment as to Counts I and II of their Second Amended Complaint will shift the burden to Infosys at trial to rebut Plaintiffs’ claims, will simplify the presentation of evidence at trial, and will help focus the issues appropriate for a jury determination.  

Copies of the following documents are available by hyperlink: Second Amended Complaint; Motion for Partial Summary Judgment