Washington, April 9: The Hindu American Foundation (HAF) has approached a U.S. appellate court, arguing that California’s civil rights regulatory agency improperly linked caste discrimination to Hinduism, targeting Indian and South Asian communities.
In a counter-petition filed on April 6 in the Ninth Circuit Court of Appeals, HAF requested the removal of procedural barriers cited by the lower court in dismissing its lawsuit. The organization contends that the district court failed to address the core issues of its claims.
HAF alleges that the actions of the California Department of Fair Employment and Housing (DFEH) explicitly and implicitly associate caste with Hinduism and individuals of Indian or South Asian descent, thereby unfairly targeting a minority community.
This case is connected to a complaint filed by DFEH against Cisco Systems and two of its managers, alleging caste-based discrimination. The agency publicly stated that it had initiated a case against Cisco and its former managers for discrimination based on caste under California’s Fair Employment and Housing Act.
According to HAF, the DFEH emphasized its theory that Cisco should have prevented caste discrimination among its South Asian Indian employees. The organization noted that the term “caste” was repeatedly used in the agency’s complaint.
HAF claims that the DFEH’s presentation was based on racist and unfounded assumptions about Indians and Hindus. They cited an earlier statement from the department that referred to “India’s caste system” as a “rigid Hindu social and religious hierarchy.”
However, the DFEH later removed this phrase, stating that the matter had become irrelevant. HAF argues that the underlying issue persists. The foundation stated, “Removing the term ‘Hindu social and religious hierarchy’ does not change the fact that DFEH is attempting to enforce a ‘caste’ policy solely against the company’s Indian, South Asian, and Hindu employees.”
Nidhi Shah, HAF’s Senior Legal Director, warned that the implications extend beyond a single case. Shah expressed concern, stating, “Hindu Americans, Indian Americans, and South Asian Americans are worried.”
She further noted, “The civil rights department is using its enforcement powers to attempt to isolate minority groups that it is supposed to protect. Californians are paying attention. Employers and businesses in California are taking notice.”
Shah also remarked, “The civil rights department is operating on a caste basis, attributing the blame for caste discrimination to Hinduism, and it is only a matter of time before they identify their next Hindu target.”
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