HCL America to Pay $495,000 to Settle EEOC Age, National Origin Discrimination Claims

The EEOC filed the lawsuit in August 2024 in the U.S. District Court for the Northern District of California. According to the agency, HCL America, headquartered in Santa Clara, California, turned down the applicant for a sales director position in July 2021. Company emails stated the applicant was "too old" and directed recruiters to "explore diverse candidates," the EEOC said.

The agency alleged that HCL categorized candidates as "diverse" if they were non-Indian, female, or both, and was willing to dispense with relevant qualifications — including sales or IT experience — depending on a candidate's demographics. In subsequent email exchanges, the company reiterated requests for diverse candidates and discussed goals to identify candidates based on gender and ethnicity, the EEOC said. The company ultimately hired a younger, non-Indian candidate for the position, according to the agency.

The EEOC charged HCL with violating the Age Discrimination in Employment Act and Title VII of the Civil Rights Act of 1964, filing suit after pre-litigation conciliation efforts failed.

A two-year consent decree approved by the court on April 2, 2026, requires HCL America to retain a third-party consultant to review and revise its policies on age and national origin discrimination. The company must also provide anti-discrimination training to recruitment personnel, managers, and supervisors.

"This suit illustrates how discriminatory hiring in the name of achieving diversity can harm any applicant," said EEOC Chair Andrea Lucas. "The EEOC will continue to act to stop employers from unlawfully hiring based on protected characteristics."

"Hiring must be based on merit — not age or national origin — as the ADEA and Title VII requires," said Christopher Green, district director for the EEOC's San Francisco District Office.

"Employers must ensure they are in compliance with federal law and provide training for hiring managers and recruiters to understand their responsibilities to prevent age and national origin discrimination," said Roberta L. Steele, regional attorney for the EEOC's San Francisco District Office.