Disney being sued by tech workers over H-1B Visas

Walt Disney World is being sued by two former employees over the H-1B Visas incident from last year. Leo Perrero and Dena Moore filed on Monday in federal court in the Middle District of Florida. Perrero and Moore were among 250 employees laid off last year.

The lawsuit claims Disney and two outsourcing firms, HCL Inc. and Cognizant Technologies were part of a conspiracy against the workers by hiring cheaper foreign workers using the H-1B Visas loophole. In the lawsuit it is being claimed that the outsource company gave false information while filling out the H-1B visas saying the employees would not be replaced, presenting false information is a violation of federal law. The lawsuit is seeking class action status.

The attorney for the plaintiffs, Sara Blackwell claim the outsource companies are abusing the immigration system. In the 1990’s congress created H-1B visas to allow foreign high-tech workers to fill job in American where there was a shortage of help, there was supposed to be a limited number, it is now capped at 85,000 a year with some exceptions. The attorney also claims that every time the outsource company fills out one of these Visas they are lying and giving false information, and that Disney is aware of the lies.

Disney said in a statement that:

“These lawsuits are based on an unsustainable legal theory and are a whole misrepresentation of the facts.”

Disney went on to say they hired back more than 100 people, even offering Moore a position with the company making the same money as she was before. They also said hundreds of employers use the H-1B Visas and they are in compliance with the law.

HCL could not be reached for comment.

In its statement Cognizant Technologies said;

“Cognizant Technologies fully complies with all U.S. regulations regarding H-1B visas. We have a robust internal compliance team that ensures our practices are not merely compliant with existing laws in letter and spirit, but also adhere to best practices.”

An ad for Federation for American Immigration Reform which opposes the H-1B Visas featured Leo Perrero.

Approximately 2 dozen employees also laid off have filed complaints with the Equal Opportunity Employment Commission against Disney, these complaints are under review, they range from age and sex discrimination to having to train their replacements in order to receive bonuses and severance. Blackwell said hostile work environment may be added to the complaints.

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For more information check out this Orlando Sentinel article.

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