Discrimination

Job Offer

I responded to Xamplify's job ad posted on craigslist by sending them my resume. The ad was for a regular job but the company lied to me and told me that they didn't have money and offered me a contract job. (My sole colleague in the Data Modeling Department seems to be a regular employee, even though he was off-work often.) After a few weeks, the company hired one more person in my department as a regular employee. In fact, except for one fresh graduate who started out as a contract worker but later became a regualr employee, all seemed to be working as regular employees. In a list of company employees, given to me during that period, I found a person's name who I had not seen at work but was nevertheless listed as a regular employee. There was another person's name there who come to work erratically. I was the only contractor worker . I was working the longest hours. I was paid the least.

I started out with $1000/week which was later raised to $1400. In my view, this salary was perhaps among the lowest they paid even to the fresh graduates and to my colleague in the Data Modeling Group.

Around April 2, 2002, I formally complained to the California Fair Housing and Employment Department alleging discrimination based on the fact that

I was made a contractor and paid less than my colleague in the Data Modeling Group for same work (in fact, for much more work and of much higher quality) which violated EPA (Equal Pay Amendment) law. I also believe that this discrimination happened becasue of my race (Asian) and my national origin (Indian).

I was subjected to harassment by my colleague in Data Modeling Group too, which was witnessed by other co-workers but because of obvious reasons I don't see much point in pressing that point.

Right-to-Sue

The case was given to the EEOC. I talked to them and, on careful counting, it seemed like that EEOC could not pursue the case because it needed at least 15 employees in the company and therefore, I was issued a right-to-sue letter. It said I had 2 years (3 years in case of intentional discrimination which it was) from the violation date to sue.

Medical: Apparently because of extreme stress created by the management of Xamplify, I developed some serious medical symptoms too.