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Caste Discrimination Ban Vetoed in California

January 6, 2024
in Law and Legal
Reading Time: 3 mins read
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In July 2020, the California Civil Rights Division filed a lawsuit towards Cisco, a Silicon Valley tech firm, for unlawful discrimination, together with caste-based discrimination. Cisco supervisors allegedly paid engineers much less due to their caste in India and allegedly retaliated when the engineers opposed the illegal practices.

Dalit had been on the backside of the social hierarchy in India and as a caste had been thought-about “untouchables.” Folks had been assigned to their respective castes from start and provided no social mobility. Work and marriage had been restricted between castes and the castes had been typically segregated from each other. Castes had been formally banned in 1950, however culturally are nonetheless prevalent even in trendy India.

The primary Indian immigrants to the US had been from the Brahmin and the Kshatriya, the upper castes in India. It wasn’t till just lately that decrease castes started immigrating to the US. Sadly, most of the Indians who got here to America inappropriately consider that the caste system nonetheless applies in America and sometimes discriminate towards different Indians or Indian People on the premise of caste. Though the caste system in India has its roots in Hinduism, caste techniques might be discovered amongst Buddhists, Christians, Hindus, Jains, Muslims and Sikhs.

In February 2023, Seattle grew to become the primary jurisdiction in America to ban caste discrimination. California’s legislature handed a invoice towards caste discrimination, however the invoice was vetoed by Governor Newsom in October 2023. The governor known as the invoice “pointless” as California already prohibits discrimination on the premise of race, coloration, faith, ancestry, and nationwide origin. Nonetheless, the California Civil Rights Division has since dismissed its claims of caste discrimination towards Cisco, although it’s nonetheless pursuing the lawsuit towards Cisco on different grounds.

Castes Are Inherently Unconstitutional DiscriminationCalifornia Beach Sunset

The caste system is inherently in battle with the founding ideas of the US Structure. The USA Supreme Court docket has lengthy established that racial segregation is unconstitutional. Racial discrimination is flawed as a result of it denies equal safety of the legislation to people and as an alternative prejudices folks primarily based on their racial teams, which they’re born into and can’t change.

The caste system is not any completely different from racial discrimination. The caste system imposes segregation and restrictions on work and marriage on arbitrary designations given at start. Nobody has a selection in what caste they’re born into anymore than what race they’re born to. Whereas caste discrimination is primarily discrimination inside a single nationality (Indians), discrimination inside a protected class continues to be unlawful discrimination. It isn’t acceptable for Indians to discriminate towards different Indians.

Governor Newsom claims that an specific legislation towards caste discrimination is pointless due to different legal guidelines towards discrimination. Nonetheless, the California Civil Rights Division was simply pressured to withdraw its claims of caste discrimination as a result of it has no specific assist within the legislation. Clearly, California courts require extra steering in caste discrimination than what the present legal guidelines supply.

Anti-Caste Discrimination Legal guidelines Will Defend Hindus

Numerous Hindu and/or Indian teams lobbied towards the caste discrimination invoice on the grounds that the invoice would result in discrimination towards Hindus or Indians. Nonetheless, the caste system is a matter as a result of it results in discrimination by Hindus or Indians towards different Hindus or Indians. And whereas the caste system got here from Hinduism, it had since expanded outdoors of Hinduism. Anti-caste discrimination is not going to trigger discrimination towards Hindus or Indians; in truth, such legal guidelines are essential to cease discrimination towards Hindus or Indians.

Do I Have to Rent a Lawyer If My Employer Does Not Accommodate My Non secular Beliefs?

In case your employer refuses to accommodate your spiritual beliefs, or in case your employer takes any discriminatory motion in the direction of your employment primarily based in your spiritual beliefs, you’ll have a declare for spiritual discrimination. A talented employment lawyer will have the ability to decide whether or not your employer has acted in a discriminating method and, in that case, can symbolize you throughout settlement negotiations or in courtroom if needed.

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