Replacing Qualified Americans with Foreign Nationals on Temporary H-1B Visas: The Charge Faced by Walt Disney World
Posted on Friday, April 8th, 2016 at 5:09 pm
Walt Disney World in Orlando, Florida is facing lawsuits allegedly for conspiring to replace US workers with immigrants. Dismissed from work are tech workers, accountants and administrators, most of whom are still hopeful of getting rehired or finding new work within the company due to their length of stay and high performance ratings. The possibility of this, however, is becoming more and more distant as immigrant workers, mostly from India, with temporary H-1B visas are taking over to perform their work. The hurting thing is, most of the dismissed employees were even the ones asked to train their replacements during their final months with Walt Disney.
The defendants in the (separate but with similar complaints) lawsuits which are being accused of intentionally collaborating with each other to replace American workers with H-1B workers are the outsourcing companies that imported immigrants and Walt Disney.
US business employers are allowed by the government to hire foreign workers either on a temporary of permanent basis. Before doing so, however, they first need to acquire certification or documented proof from the Department of Labor (DOL) that no US citizen is available and/or qualified for the job, or is willing to take the job (under a specified wage amount). This certification is for the purpose of ensuring that the hiring of foreigners will not unfavorably or negatively affect the job opportunities, working conditions and salaries of US workers.
Clearly, however, as stated by Ms. Dena Moore, one of those who filed a lawsuit, employees have been negatively affected. How, specifically? They lost their jobs.
The H-1B visa was designed by the US Congress to allow foreign workers with special skills to be employed in the US. Jobs, like information-technology, engineering and accounting, are among the fields to which especially skilled and qualified individuals may apply for.
Posted on Thursday, April 17th, 2014 at 8:40 am
Pier 1 Imports, a national chain devoted to furniture and home décor, has become the source of a class-action lawsuit after allegedly failing to accommodate the needs of a pregnant employee. Kimberly Erin Caselman, a 31-year old employee at a San Jose Pier 1 store, has alleged that the company refused to allow her to refrain from lifting heavy items and climbing ladders, per her doctor’s recommendations, and has forced her to go on unpaid medical leave which is set to expire months before her child is due.
Fortunately for Caselman, California law does not allow for discrimination against employees because of pregnancy. This includes failing to make reasonable accommodations for the needs of pregnant workers, something which Caselman’s request clearly should have been considered, particularly in light of the fact that the store had previously granted the request for an 8 week period.
Individuals in other states, unfortunately, are not always able to receive these types of legal protections. Many states do not have specific laws protecting workers against pregnancy discrimination, and it is a sad but undeniable truth that women in these states may lose their jobs or otherwise face discriminatory treatment without any means to pursue justice.