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From India to America: How Caste Discrimination Followed the​ ​Diaspora​

​Jana Eid explores how the Indian diaspora brought caste discrimination to the U.S. and​
​highlights the growing legal and social movement to outlaw it.​

​Caste and caste discrimination are no longer limited to India. The system has followed the Indian​
​diaspora across the globe, including to the United States. Today, Indian Americans represent one​
​of the largest and fastest-growing immigrant communities in the country; in 2022, the U.S.​
​Census Bureau recorded more than 6.5 million people of South Asian descent residing in the​
​U.S. Many Dalits who moved to America to escape persecution found that the very system that​
​caused them to leave was also embedded within various domestic institutions, primarily the​
​workforce. Equality Labs, a South Asian civil rights organization, released a report in 2018 titled​
​Caste in the United States​, revealing that 67% of​​Dalit respondents felt they were treated unfairly​
​at an American workplace due to their caste. Approximately 12,000 Dalits responded to the​
​survey, with 41% stating they experienced discrimination in education and 25% reporting they​
​had been physically assaulted in the U.S. because of their caste. While respondents hailed from​
​an extensive range of fields, the tech industry has garnered the most public outcry.​
​Major technology employers, including Cisco Systems, Inc. in Silicon Valley and Google, have​
​come under scrutiny for enabling discrimination by higher-caste employees who predominantly​
​occupy senior-level, higher-paying positions. In July 2020, the California Civil Rights​
​Department filed a lawsuit against Cisco and two of its managers for discriminating against an​
​engineer on the basis of his Dalit identity, denying him both a raise and promotional​
​opportunities. The engineer worked on a team composed entirely of higher-caste employees who​
​had immigrated to the U.S. from India.​​The Washington Post​​reported that after the Cisco lawsuit​
​was announced, Equality Labs received roughly 260 complaints from workers in the tech​
​industry concerning caste bias.​
​The executive director of Equality Labs, Thenmozhi Soundararajan, told​​The Washington Post​
​that complaints detailed “caste-based slurs and jokes, bullying, discriminatory hiring practices,​
​bias in peer reviews, and sexual harassment.” A member of Google’s Alphabet Workers Union​
​(AWU), speaking under a pseudonym due to fear of workplace retaliation, noted that “companies​
​like Alphabet employ a large number of workers of South Asian origin … via contracting, which​
​strongly intersects with caste” (“In These Times: Meet the Activist Coalition That Outlawed​
​Caste Discrimination in Seattle”). She highlighted how lower-caste individuals are particularly​
​vulnerable to losing their immigration status (as many are on work visas) and to being doxxed or​
​harassed online. AWU is urging Google to add an explicit ban on caste discrimination to its U.S.​
​code of conduct, matching its policy in India, given that there are currently no U.S. federal​
​employment laws that explicitly ban caste discrimination.​​To date, several jurisdictions and institutions have succeeded in banning caste discrimination,​
​including the Seattle City Council and various universities. In February 2023, Seattle became the​
​first American city to explicitly outlaw caste discrimination. The Seattle City Council voted 6,1​
​to approve an ordinance adding caste to its municipal anti-discrimination laws, officially banning​
​caste-related discrimination and harassment in employment, public accommodations, and​
​housing. Several years prior, in November 2019, Brandeis University updated its​
​non-discrimination policy to include caste, becoming the first higher education institution to do​
​so. A number of universities followed suit over the next several years, including Colby College,​
​California State University, Brown University, and Rutgers University.​
​Different arguments have been made in favor of addressing caste under existing protected class​
​categories. The New Jersey State Bar Foundation defines a protected class as “a person or group​
​of people who are legally protected from discrimination or harm if they possess certain​
​characteristics.” In terms of caste, the most notable established categories are religion and race.​
​California’s Civil Rights Department has argued that the Hindu caste system falls under the​
​protected class of religion. However, this argument rests on the false premise that caste is​
​practiced exclusively by Hindus; in reality, caste cuts across religious boundaries and is​
​frequently observed among Christians, Muslims, and Sikhs as a deeply ingrained sociocultural​
​practice. While caste is historically rooted in the Hindu​​varna​​framework, it cannot be​
​comprehensively regulated through religion alone because of its persistent presence across​
​multiple religious communities.​
​The case for interpreting caste discrimination as a form of racial discrimination involves a rich​
​historical precedent, intersecting with the fight against anti-Black racism in the United States.​
​The caste-race analogy has been drawn repeatedly throughout American history because caste is​
​fundamentally a hierarchical system of social stratification.​​The Chambers Etymological​
​Dictionary of the English Language​​(1872) defined​​caste as “a breed or race; one of the classes​
​into which society in India is divided; a tribe or class of society.” To demonstrate that slavery and​
​segregation ran counter to the core principles of American democracy, abolitionists such as​
​Thomas Dalton, Frederick Douglass, William Lloyd Garrison, and Harriet Beecher Stowe​
​routinely equated the treatment of Black Americans to the caste system of South Asia. The​
​author of an 1833 article in​​The Abolitionist​​asserted​​that members of “the African race are​
​essentially a degraded caste, of inferior rank and condition in society.” Charles Sumner, an​
​American lawyer and U.S. senator, drew a similar comparison:​
​“In India, Brahmins and Sudras, from generation to generation, were kept apart. If a​
​Sudra presumed to sit upon a Brahmin’s carpet his punishment was banishment.​
​With similar inhumanity here, the black child, who goes to sit on the same benches​
​with the white child, is banished, not from the country, but from the school. In both​
​cases it is the triumph of Caste. But the offense is greater with us, because, unlike​
​the Hindoos, we acknowledge that men are born equal” (Brown and Thorat 956).​​Furthermore, in August 1866, the Republican Party circulated bulletins clarifying that the​
​Fourteenth Amendment, which guarantees U.S. citizenship to everyone born in the country, was​
​created in part to prohibit caste, and class-based discrimination. While the historical connection​
​between race and caste is substantial, an important legal nuance impacts how caste​
​discrimination fits within race as a protected class.​
​The Aryan Invasion Theory historical model posits that a group of Indo-Aryan migrants entered​
​northern India while indigenous populations remained in the south, leading to historical​
​stratification where upper-caste groups aligned with the former and lower-caste groups/Dalits​
​with the latter. Under this view, caste aligns with race primarily through ancestry.​
​Reconstruction-Era civil rights laws define racial discrimination as targeting “identifiable classes​
​of persons . . . solely because of their ancestry or ethnic characteristics.” Therefore, to establish​
​racial discrimination based on caste membership, “the victim of caste discrimination must be​
​subjected to intentional discrimination because of their ancestry” (Brown and Thorat 925). This​
​legal requirement makes it difficult to rely solely on race as a protected category, as caste​
​discrimination does not always turn on traceable ancestral traits, but rather targets Dalit identity​
​for its social stigmas and perceived hierarchy.​
​Despite instances where the caste-race analogy holds, it does not fully encompass Dalit calls for​
​explicit legal protections. Guha Krishnamurthi, a law professor at the University of Maryland​
​Francis King Carey School of Law, explained in a​​University​​of Chicago Law Review​​article why​
​caste is not easily subsumed under existing legal frameworks: “[C]aste is a complex that does​
​involve, inter alia, ancestral and endogamous relations, historic occupation, religious​
​background, and native language. These facts may obfuscate its fit within recognized categories​
​of antidiscrimination law” (Krishnamurthi 2023). Consequently, legal scholars propose that caste​
​be designated as its own distinct protected class, arguing that doing so does not denigrate​
​Hinduism as a faith. Referencing religious history to contextualize and remedy caste-based​
​discrimination is constitutionally permissible under the Establishment and Free Exercise Clauses​
​of the First Amendment. Although agencies like California’s Civil Rights Department and the​
​City of Seattle faced political pushback for citing Hindu social hierarchies when enacting bans,​
​U.S. legal precedent demonstrates that citing religious background in anti-discrimination law​
​poses no constitutional bar. For example,​​Bob Jones​​University v. United States​​(1983)​
​established that anti-discrimination regulations prohibiting practices based on religious beliefs​
​(such as opposition to racial intermixing) do not violate the Establishment Clause. The state’s​
​compelling interest in eradicating discrimination overrides claims of free religious exercise.​
​Furthermore, religious exercise claims are largely irrelevant here, as opponents of caste bans​
​generally maintain that they do not intend to practice caste discrimination in the first place.​
​In March 2023, legislation was introduced by California State Senator Aisha Wahab to add caste​
​as an explicit protected category under California’s anti-discrimination laws (SB 403). Despite​
​passing by a wide margin in both the State Assembly and Senate, California Governor Gavin​​Newsom vetoed the bill in October 2023, claiming that existing state anti-discrimination laws​
​were already sufficient to protect individuals from caste-based bias. While the extent of influence​
​exerted by Hindutva interest groups, which advocate a Hindu nationalist framework, remains a​
​topic of debate, their presence in U.S. public discourse and state legislative politics has grown​
​significantly. Governor Newsom’s veto stands in sharp contrast to the lived realities of many​
​Dalits, who view caste as distinct from race and religion, maintaining that it requires explicit​
​statutory prohibition in its own right.​
​Ultimately, as the Indian diaspora expands across the United States, addressing caste​
​discrimination can no longer be deferred or subsumed under existing legal proxies. Establishing​
​caste as an explicit protected category is an essential step toward ensuring that civil rights​
​protections evolve alongside the nation’s changing demographic reality.

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