Appeals Court Allows Whistleblower’s Retaliation Claim Against TCS

Judge Michelle Childs ruled ex-TCS executive Anil Kini sufficiently alleged retaliation over reported visa fraud.

Tata Consultancy Services. / TCS

The U.S. Court of Appeals for the District of Columbia Circuit has revived a whistleblower retaliation claim against Tata Consultancy Services (TCS), while upholding the dismissal of fraud allegations under the False Claims Act.

In a ruling issued in August, Circuit Judge Michelle Childs wrote that former TCS executive Anil Kini had “sufficiently alleged” that the company retaliated after he reported what he described as fraudulent visa practices. Kini claimed the Indian IT services giant misused L-1 and B-1 visas instead of more costly H-1B visas to reduce labour costs and avoid higher fees and payroll taxes.

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