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Advice for Employers and Recruiters

California outlaws employment, housing, and other discrimination based on someone’s caste

Photo courtesy of Shutterstock.
Photo courtesy of Shutterstock.
Steven Rothberg AvatarSteven Rothberg
September 27, 2023


I often listen to The Daily podcast, a publication of The New York Times. Most stories are 20-30 minutes long and presented with the level of analysis that allows me to become aware of issues and understand them enough that I usually don’t feel compelled to do more research but sometimes am inspired enough to do just that.

Today, I listened to An Unexpected Battle Over Banning Caste Discrimination. It inspired me to do more research and share a little of what I learned here. First, a little background may be helpful to some readers.

The caste system is a traditional social hierarchy primarily associated with countries like India and Nepal. Originating thousands of years ago, this system classifies individuals based on their birth into predetermined categories, known as castes. Historically, the caste you are born into defines your social standing, occupation, and even the people you can marry.

So, how does this age-old system influence modern recruitment beyond the bounds of South Asia? For one, multinational companies with operations in South Asia may find themselves entangled in caste-related issues. Often, these corporations work hard to maintain global standards for diversity and inclusion. But the layer of caste adds complexity. Ensuring equal opportunities for all might require extra measures to prevent unconscious bias, especially if local managers are involved in the hiring process.

Diaspora communities also carry the influence of the caste system to other parts of the world…and it was this aspect that seemed to prompt the New York Times to investigate. Even in countries where caste is a foreign concept, individuals may unknowingly face bias or discrimination based on their ancestry. The U.S., for example, has seen instances where South Asian Americans were treated unfairly due to their caste. As a result, some companies and institutions have started including caste as a factor in their diversity and inclusion policies.

In addition to private action such as companies changing their recruitment policies, laws are starting to be passed in a number of jurisdictions. The State of California, for example, is in the process of enacting the first law in the United States banning discrimination based on caste. Earlier this month, the State Senate passed SB 403 by a margin of 31-5, adding caste as a form of ancestry protected under state civil rights law, as well as education and housing codes. The bill now heads to the desk of Governor Gavin Newsom, who seems likely to sign it into law.

As businesses continue to expand and globalize, cross-cultural competency is becoming increasingly vital. Many of the employers who advertise their early career job openings on College Recruiter do so in multiple countries, as we’re able to run postings successfully in almost any country and almost any major language. Recruiters who are not aware of the nuances of the caste system may inadvertently perpetuate inequality and that will undermine their efforts to better diversify their workforces. This lack of awareness might manifest as unknowingly favoring candidates from certain social backgrounds, or it could influence interactions between employees and clients. Recruiters will want to understand these different caste levels and their historical implications when dealing with communities where the caste system still holds sway. It’s like peeling back layers of an onion—each layer reveals something new, and understanding it all can make for a more equitable approach in various societal aspects, including recruitment and workplace relations.

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