202410.04
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K&L Team PhotoLos Angeles, CA, Oct. 4, 2024 — A jury unanimously found after a two-week trial that Defendant Cognizant Technology Solutions engaged in a pattern or practice of race and national origin discrimination against a class of over 2,300 non-Indian and non-South Asian employees terminated from the bench, and that punitive damages are appropriate.

Plaintiffs presented extensive evidence of discrimination, including: statistical evidence that non-South Asians were over eight times more likely to be terminated from the bench than South Asians; an EEOC final letter of determination stating that Cognizant had engaged in a pattern or practice of discrimination against non-Indians; evidence of policies and practices favoring Indian visa workers in placements for new positions; and anecdotal evidence of a cultural preference for Indians.

Plaintiffs brought claims under Title VII and Section 1981 for intentional discrimination, and under Title VII for disparate impact.  In October 2022, Judge Dolly Gee certified a class of non-South Asian and non-Indian employees who were terminated from the bench while employed by Cognizant in certain mid-level positions (job bands 33-65, except 53) between September 18, 2013 and October 27, 2022. A previous jury trial in June 2023 ended in a hung jury, with six of eight jurors favoring plaintiffs.

The claims are being pursued under the bifurcated Teamsters framework, under which the jury was asked to decide at the Phase I trial whether Cognizant had engaged in a pattern-or-practice of intentional discrimination, and the availability of punitive damages.  Phase II will address individual claims and defenses.  The disparate impact claim will be decided by the Court.

Class members can contact the firm at [email protected].