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

The EEOC said HCL America, a multinational technology consulting firm, rejected the applicant in July 2021 after a hiring team email stated he was "too old" and directed recruiters to instead "explore diverse candidates." According to the agency's suit, HCL categorized candidates as "diverse" if they were non-Indian, female, or both.

In later email exchanges, the company reiterated its request for diverse candidates, discussed goals to identify candidates based on gender and ethnicity, and noted a willingness to dispense with some relevant qualifications, including sales or IT experience, according to the lawsuit. A younger, non-Indian candidate was hired for the role.

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

Christopher Green, district director for the EEOC's San Francisco District Office, said hiring "must be based on merit — not age or national origin — as the ADEA and Title VII requires." He added that the agency "will hold employers accountable when they deny applicants opportunities because of their age or national origin."

The EEOC filed the suit, EEOC v. HCL America, Inc., Case No. 5:24-cv-04694, in U.S. District Court for the Northern District of California in August 2024, after attempting a pre-litigation settlement through administrative conciliation. The agency charged the company with violating the Age Discrimination in Employment Act and Title VII of the Civil Rights Act of 1964.

Under the consent decree approved on April 2, 2026, HCL America will pay $495,000 to the applicant and work with a third-party consultant to review and revise its policies on age and national origin discrimination. The company will also train its recruitment personnel, managers and supervisors.

"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.