04 Mar 2009
Microsoft has responded to a request from US senator Charles Grassley, who had suggested that the bulk of the software giant's planned redundancies should fall on non-US citizens.
Microsoft said in an open letter that the job cuts announced in January would be across the company, and would not specifically target staff working on H-1B visas, as the senator had asked.
"As I am sure you would expect, we take care to make all employment decisions, including the termination of employment for any individual, in a manner that complies with Title VII of the Civil Rights Act of 1964," said Microsoft general counsel Brad Smith in the letter.
"In addition, we do not base compensation decisions in the US on an employee's citizenship."
Smith also strongly defended Microsoft's use of the H-1B visa scheme, which allows skilled foreign workers to be employed in the US. Microsoft confirmed that it planned to continue using the scheme to hire the talent it needs.
Around 90 per cent of the company's H-1B staff are employed in core positions, according to Smith, and many are using the H-1B scheme only because of delays in the green card system.
Smith also pointed out that more than 40 per cent of engineering and computer science degrees at US higher education institutions are obtained by foreign students.
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It may not be illegal, but it's unethical -- the Microsoft Way
Before hiring a visa holder, MS hiring managers must sign a document that says, in effect, that a comprehensive search for qualified U.S. nationals was conducted before they hired the visa holder. I'll leave it to the reader's imagination to decide whether a targeted search for nationals actually takes place. Ethically, however, it's irresponsible to lay off any U.S. national until a comprehensive search for non-nationals to layoff is conducted. Managers should have to sign a document that says the company looked for non-nationals to lay off before laying off a U.S. national.
Posted by: Disgruntled Layoffee 10 Mar 2009