The EEOC said HCL America rejected the applicant, whom it described as qualified, because he was "too old" and instead hired a younger, non-Indian candidate for the position. According to the agency's complaint, HCL America instructed its hiring team to "explore diverse candidates" instead.
The agency alleged that recruiters discussed identifying candidates based on gender and ethnicity, and that the company indicated a willingness to dispense with relevant qualifications, including sales or IT experience, depending on the candidate.
The EEOC filed the case in the U.S. District Court for the Northern District of California in August 2024, charging violations of the Age Discrimination in Employment Act and Title VII of the Civil Rights Act of 1964. The agency said it first attempted to resolve the matter through administrative conciliation.
Under the consent decree approved by the court on April 2, 2026, HCL America will pay the rejected applicant $495,000 and work with a third-party consultant to review and revise its policies on age and national origin discrimination. The company also agreed to train its recruitment personnel, managers, and supervisors on federal anti-discrimination requirements.
"This suit illustrates how discriminatory hiring in the name of achieving diversity can harm any applicant," EEOC Chair Andrea Lucas said in the agency's press release. "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."
Roberta L. Steele, regional attorney for the EEOC's San Francisco District Office, said employers must ensure compliance with federal law and provide training for hiring managers and recruiters to prevent discrimination.