Calif. Court Says No Proof Company Favored H-1B Workers
By Kelly Knaub (January 29, 2015, 5:35 PM EST) -- A California appeals court Wednesday affirmed the dismissal of a case accusing Molina Healthcare Inc. of engaging in national origin discrimination by replacing its American workforce with Indian nationals holding H-1B visas, saying the former employee who brought the case offered no evidence that she had been fired.
The appeals court said that plaintiff Dixie Lewellen, who worked as an accounts payable clerk for Molina, had failed to establish a prima facie case for discrimination and retaliation, which requires proof of an adverse employment action.
The three-judge panel said that Lewellen couldn't show that she had been fired and that the...
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