HCL America to Pay $495,000 to Settle EEOC Age and National Origin Bias Suit

According to the EEOC's suit, filed in August 2024 in the U.S. District Court for the Northern District of California, HCL America rejected the applicant in July 2021, with an email to the hiring team stating he was "too old" and directing the team to instead "explore diverse candidates."

The agency alleged that HCL categorized candidates as "diverse" if they were non-Indian, female, or both. In subsequent email exchanges with its recruiter, the company reiterated its request for diverse candidates, discussed goals to identify applicants based on gender and ethnicity, and indicated willingness to dispense with qualifications such as sales or IT experience depending on the candidate, according to the lawsuit.

A younger, non-Indian candidate was hired for the role, the EEOC said.

"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."

The complaint charged HCL with violating the Age Discrimination in Employment Act and Title VII of the Civil Rights Act of 1964. The EEOC said it filed suit, captioned EEOC v. HCL America Inc., No. 5:24-cv-04694, after an administrative conciliation process failed to produce a pre-litigation settlement.

"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. He added that the agency "will hold employers accountable when they deny applicants opportunities because of their age or national origin."

Under the consent decree, approved by the court on April 2, 2026, HCL will pay the $495,000 to the applicant and retain a third-party consultant to review and revise its anti-discrimination policies. The company will also train recruitment personnel, managers and supervisors, according to the EEOC.

"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 San Francisco District Office.