Lawsuit by 2 former employees was dismissed earlier this year.
The H-1B visa is again in the limelight as 30 former information technology employees of Walt Disney World information technology workers, who were replaced by immigrants on H-1B visas sued the company last week, saying they were discriminated against on the basis of race and national-origin.
The lawsuit was filed in federal court in Orlando, Florida.
Two of the workers, Leo Perrero and Dena Moore, had previously sued the company, asserting Disney and its outsourcing firms violated federal law because the contractors were misleading when sponsoring workers for the visas. A judge dismissed those lawsuits earlier this year, reported Orlando Sentinel.
The newest lawsuit says the workers were discriminated against because they were replaced by Indian workers. At least some of the employees are white.
“Like the two other dismissed cases brought by this lawyer, this latest lawsuit is nonsense and we will defend it vigorously,” Disney said in an emailed statement.
Disney let go about 250 tech workers almost two years ago, bringing in foreigners working for outsourcing firms. Some employees had to train their foreign replacements.
Disney says it hired more than 100 people back into other positions and that its information technology department actually became larger, reported Sentinel.
The lawsuit seeks compensation for the Disney workers’ lost wages and reinstatement to similar jobs.
“As a direct and proximate result of Defendant’s willful and reckless discrimination against Plaintiffs, Plaintiffs have suffered and will continue to experience pain and suffering, mental anguish, emotional distress, and loss of earnings and other employment benefits and job opportunities,” the lawsuit says.
In their previous lawsuit, Perrero and Moore said Disney and its outsourcing firms made false statements on certifications for the visa program. The H-1B program requires employers to state whether current employees would be “adversely affected” when a company hires foreign workers through the program.
Perrero and Moore argued in court that their working conditions at Disney were adversely affected. One of the contractors stated none its own employees would be adversely affected. A judge ruled the statements would have been false only if the contractor’s own workers were adversely affected.
Anti-immigration website Breitbart News reported that the issue of H-1B visa would be a challenge for President-elect Donald Trump when he assumes office.
“Indeed, Disney would be well advised to settle the case and pay a little money, reinstating the 250 people with back pay, interest, and penalties. President Trump could make a scapegoat of the company. As Lockheed Martin recently found out, one tweet from Trump can hit hard in the price of company stock. Disney does not need that kind of grief,” it noted.