HCL America to Pay $495,000 to Settle EEOC Claims It Rejected a 62-Year-Old Indian Applicant as "Too Old"

HCL America, Inc., a multinational technology consulting company headquartered in Santa Clara, California, agreed to pay $495,000 and submit to two years of court-supervised injunctive relief to settle an EEOC lawsuit alleging it turned away a qualified 62-year-old applicant of Indian descent because of his age and national origin.

The underlying allegations are as follows. In July 2021, HCL America rejected the applicant — who had applied for a sales director position — after someone on the hiring team emailed that he was "too old" and urged the team to instead "explore diverse candidates." According to the EEOC, HCL categorized candidates as "diverse" if they were non-Indian, female, or both. Subsequent emails with the company's recruiter reiterated the request for diverse candidates, discussed goals tied to gender and ethnicity, and noted the company's willingness to waive qualifications such as sales or IT experience depending on the candidate. A younger, non-Indian candidate was ultimately hired.

The EEOC filed suit — EEOC v. HCL America, Inc., Case No. 5:24-cv-04694 — in the U.S. District Court for the Northern District of California in August 2024, after an attempt to resolve the matter through pre-litigation administrative conciliation failed. The complaint charged HCL America with violating both the Age Discrimination in Employment Act and Title VII of the Civil Rights Act of 1964.

The U.S. District Court for the Northern District of California approved a two-year consent decree on April 2, 2026. Under its terms, HCL America will pay the $495,000 directly to the applicant, engage a third-party consultant to review and revise its policies and procedures on age and national origin discrimination, and provide training to its recruitment personnel, managers, and supervisors.

EEOC Chair Andrea Lucas said the case illustrates how discriminatory hiring conducted in the name of achieving diversity can harm any applicant, and that the agency 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 — and that the agency is committed to evenhanded enforcement of anti-discrimination laws. Regional Attorney Roberta L. Steele encouraged all employers to adopt policies and provide training to prevent age and national origin discrimination.

The EEOC's San Francisco District Office, which brought the action, has jurisdiction over Northern California, Northern Nevada, Washington, Alaska, Oregon, Idaho, and Montana.