Disney IT workers allege conspiracy in layoffs, file lawsuits

The lawsuits represent what may be a new approach in the attack on the use of H-1B workers to replace U.S. workers. They allege violations of the Federal Racketeer Influenced and Corrupt Organizations Act (RICO), claiming that the nature of the employment of the H-1B workers was misrepresented, and that Disney and the contractors knew the ultimate intent was to replace U.S. workers with lower paid H-1B workers.

DYI Quick Comment:  I work at a major hotel/resort which is flooded with H-1B interns to full fill their work experience from their respective schools.  The reality is a ready pool of high quality cheap labor living with 6 to 10 other interns (way beyond zoning laws) in houses owned by their employer(hotel).  

The lawsuits cite a form that H-1B employers fill out when placing a visa worker, the Labor Condition Application (LCA). 

In the LCA, an employer states the job location, salaries paid to the H-1B workers and also attests that U.S. workers will not be "adversely affected." 

The LCA requires employers to swear the visa workers "will not adversely affect working conditions" of existing employees, said Sara Blackwell, the Florida attorney who is bringing the case. "Obviously, if you have to train your replacement and then are fired, that is an adverse effect."

DYI Comments:  This is designed to accomplish two goals for the employer; one, cheap labor from the get go and two, depress the wages for the remaining American workers.

DYI