Caste—A New Protected Category in Employment?
Federal anti-discrimination laws in the U.S. protect applicants, employees, and former employees from employment discrimination based on race, color, religion, sex, national origin, age, disability, and genetic information.[1] One dimension not included is discrimination based on an individual’s “caste.”
The caste system originated in the Indian subcontinent and divided the society into strata based on their work. This system was characterized by a rigid hierarchy with no mobility across groups. At the top of the hierarchy were the priests, followed by warriors, merchants, and agriculturalists, and lastly, laborers and servants. There were also the outcasts who did not fit in this pyramid and were treated as “untouchables.” Post independence, India outlawed caste discrimination, declaring the practice of “untouchability” illegal. Moreover, with the aim of achieving equity amongst classes, the government mandated several quotas in government jobs and educational institutions for oppressed castes. Such measures, however, have not been successful in abolishing the caste system in India as many lower caste people are still subject to segregation and discrimination.
Over recent years, there has been a steady growth in the Asian Indian representation in the US. In absolute numbers, Asian Indian population has risen from 2.8 million in 2010 to 4.5 million in 2022[2]—a 64% increase. In terms of representation, their makeup has risen from 0.89% of the total population in 2010 to 1.36% in 2022—a 52.2% increase. Of the 4.5 million Asian Indians in 2022, 30.86% are native, 35.13% are foreign born, naturalized US citizens, and 34.01% are foreign born, non-US citizens.[3] This composition has an important bearing on class identification amongst Asian Indians—the 2020 Indian American Attitudes Survey reports that compared to US born respondents, foreign born respondents are significantly more likely to identify with a caste group.[4]
Asian Indians are relatively well-educated and fill professional occupations. Exhibit 1 presents a distribution of the total US population (in blue) and the Asian Indians (in red) across different levels of education and occupations in 2022. Compared to 35.6% of the total population with a bachelor’s or higher degree, 78.1% of Asian Indians have educational attainment at a bachelor’s or higher level. Professionally, they occupy positions in the government, the technology sector, the healthcare system, among other fields and industries. While 75.6% of Asian Indians work in the management, business, science, and arts occupations, only 42.5% of the total US population occupy jobs in this category.[5]
EXHIBIT 1: EDUCATION ATTAINMENT AND OCCUPATION CHOICES AMONGST ASIAN INDIANS
Source: U.S. Census Bureau. “SELECTED POPULATION PROFILE IN THE UNITED STATES.” American Community Survey, ACS 1-Year Estimates Selected Population Profiles, Table S0201, 2022. Accessed on January 2, 2024.
Along with education and expertise, these foreign born, Asian Indian migrants may also bring their traditions, beliefs, and cultural identities, potentially including the well-rooted forces of caste discrimination. According to a 2018 Equality Labs survey, caste inequalities now expand to American institutions that are significantly populated by South Asian immigrants. [6] These inequalities have become stronger with time and changing migration patterns across different castes. More than 50% of respondents from higher castes migrated to the United States 20-50 years ago. This gave them an advantage in establishing their dominance over the recent lower caste migrants, most of whom arrived in the US less than 20 years ago.
Although Asian Indians have a median household income twice that of the national median[7], there is a wide variation in income across various castes within the Asian Indian diaspora. For example, 32% of lower caste people make less than $25,000 a year, compared with just 13% of upper caste people.[8] Further, 2 out of 3 lower caste people surveyed reported being treated unfairly at their workplace.[9] This has resulted in lawsuits based on caste discrimination allegations. The first case of such kind was filed in 2020 when an employee at a networking gear and business software company, complained about lower pay and fewer opportunities due to unequal treatment from two supervisors from higher castes.[10],[11]
Even though caste is not a protected characteristic under Federal law, cities like Seattle and Fresno have banned discrimination based on caste. Both cities are well populated by Asian Indians. Exhibit 2 shows the geographic distribution of Asian Indians across US, with the green marked areas representing areas where Asian Indians make up at least 0.5% of the total population.[1] Seattle and Fresno’s legal identification of caste-based discrimination should serve as a note to other areas with a significant Asian Indian presence, especially in California and on the East Coast. Recently, the caste discrimination bill was vetoed in California based on the Governor’s understanding that caste is already a protected characteristic by law under the broader dimension of “ancestry” and is thus illegal.[2] Similarly, some institutions with Asian Indians in high attendance, like the California State University system, Harvard, Brandeis, and Colby College have explicitly added caste to their anti-discrimination policies.
EXHIBIT 2: GEOGRAPHIC DISTRIBUTION OF ASIAN INDIANS
Source: https://www.nytimes.com/interactive/2021/08/21/us/asians-census-us.html
Not having caste as a well-defined covered characteristic leaves the definition and identification of castes open to varying interpretations by agencies and judges, making it harder for individuals facing such discrimination to fight against it. The existence of an explicit law, like in Seattle and Fresno, also aids the ownership of a company to direct its managers on how to make the workplace equitable for members from all castes and be in compliance with the law. However, in its absence, the ownership would still be responsible for the actions of its managers and will more likely be subject to complaints, if not lawsuits, of disparate treatment.
The notion of caste and associated discrimination is burgeoning but not well understood in the US. Given that certain industries, like technology, are increasingly characterized by a concentration of Asian Indian employees, including those in managerial and executive positions, there is a need for the companies with Asian Indian presence to be aware of the caste system and better prepare themselves to avoid pitfalls and litigation related to the issue. Acknowledging caste discrimination empowers key stakeholders to mitigate and counteract caste-based biases. Additionally, it places a responsibility on employers and government institutions to remain vigilant in protecting employees from any form of caste discrimination.
[1] https://www.eeoc.gov/employers/small-business/3-who-protected-employment-discrimination. Accessed on November 17, 2023.
[2] 2,765,155 in 2010 and 4,534,339 in 2022.
[3] U.S. Census Bureau. "SELECTED POPULATION PROFILE IN THE UNITED STATES." American Community Survey, ACS 1-Year Estimates Selected Population Profiles, Table S0201, 2010 and 2022. Accessed on January 2, 2024.
[4] Badrinathan, S., Kapur, D., Kay, J., and Vaishnav, M. (2021) Social Realities of Indian Americans: Results From the 2020 Indian American Attitudes Survey, Carnegie Endowment for International Peace.
[5] U.S. Census Bureau. "SELECTED POPULATION PROFILE IN THE UNITED STATES." American Community Survey, ACS 1-Year Estimates Selected Population Profiles, Table S0201, 2022. Accessed on January 2, 2024.
[6] Zwick-Maitreyi, M., Soundararajan, T., Dar, N., Bheel, R.F., and Balakrishnan, P. (2018) Caste in the United States. A Survey of Caste among South Asian Americans. Equality Labs, USA.
[7] U.S. Census Bureau. "SELECTED POPULATION PROFILE IN THE UNITED STATES." American Community Survey, ACS 1-Year Estimates Selected Population Profiles, Table S0201, 2022. Accessed on January 2, 2024.
[8] Zwick-Maitreyi, M., Soundararajan, T., Dar, N., Bheel, R.F., and Balakrishnan, P. (2018) Caste in the United States. A Survey of Caste among South Asian Americans. Equality Labs, USA.
[9] Ibid.
[10] Cisco Systems, Inc. et al. v. Department of Fair Employment and Housing, Case No. H048910
[11] See also another such case, filed in 2021, alleging forced labor at a Hindu temple operated by the Bochasanwasi Akshar Purushottam Swaminarayan Sanstha (BAPS). As per the allegations, BAPS specifically targeted people from the lower castes by luring them to job opportunities in the United States. See https://www.cnn.com/2021/05/12/us/new-jersey-baps-hindu-temple-suit/index.html
[12] https://www.nytimes.com/interactive/2021/08/21/us/asians-census-us.html. Accessed on January 2, 2024.
[13] https://www.gov.ca.gov/wp-content/uploads/2023/10/SB-403-Veto-1.pdf
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