Taiwan Semiconductor Manufacturing Company has been accused by a group of its U.S. employees of concocting a “discriminatory scheme” that favors Taiwanese foreign workers.
Read the full story on Forbes: https://www.forbes.com/sites/sarahemerson/2024/11/13/chips-giant-tsmc-sued-over-anti-american-discrimination/
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TechTranscript
00:00Today on Forbes, chips giant TSMC sued over anti-American discrimination
00:09As the world's biggest chipmaker, Taiwan Semiconductor Manufacturing Company, or TSMC,
00:15ramps up production in the United States, a group of more than a dozen current and former
00:19employees are suing it for alleged, quote, anti-American discrimination, which they claim
00:26has displaced U.S. workers in favor of Taiwanese hires.
00:30Headquartered in Hsinchu, Taiwan, TSMC manufactures high-performance computing chips for companies
00:37like Apple and NVIDIA.
00:39It reported $10 billion in profits last quarter, thanks to the recent artificial intelligence
00:44boom.
00:45In 2020, the company announced a $65 billion plan to bring three of its semiconductor fabs
00:52to Phoenix, Arizona, promising to create thousands of U.S. jobs in a trillion-dollar
00:56industry.
00:57TSMC is set to receive $6.6 billion in funding and $5 billion in loans to support the project
01:05through the Federal Chips Act, which was enacted during the Biden administration and is meant
01:10to stimulate semiconductor manufacturing in the U.S.
01:13However, its American expansion has been mired in controversy over its dependence on Taiwanese
01:20which the company's founder, Morris Chang, has previously attributed to, quote,
01:24a lack of manufacturing talents on U.S. soil.
01:29Last year, more than half of TSMC's 2,200-person Arizona workforce hailed from Taiwan, and
01:35the tensions between U.S. and Taiwanese employees have been the focus of several reports that
01:40highlighted differences in professional norms.
01:43The suit was originally filed in August by Deborah Howington, a current talent acquisition
01:47executive at TSMC, in California's Northern District Court.
01:52As a member of TSMC's HR leadership team, she claimed to have witnessed a culture of
01:57unlawful discriminatory practices that favored Taiwanese candidates and employees.
02:03In this month, 12 former TSMC staff with similar allegations signed onto the suit.
02:09The plaintiff group's attorney, Daniel Kochin, who is a partner at law firm Kochin & Lowe,
02:14told Forbes, quote,
02:16Having accepted $6 billion in U.S. federal funding and elected to compete within the
02:20U.S., it's imperative that TSMC comply with federal discrimination laws and treat all
02:26races, national origins, and citizens equally.
02:30We're confident in our case and look forward to presenting the case to a jury.
02:35Kochin & Lowe recently won a class-action lawsuit against staffing giant Cognizant,
02:40which was accused of favoring Indian workers on H-1B visas over local hires.
02:46In a new complaint filed last week, the former TSMC group, which includes American citizens
02:51and non-Taiwanese foreign nationals, described a, quote,
02:54discriminatory scheme concocted by TSMC's parent corporation, allegedly, quote,
03:00comprised almost exclusively of Taiwanese nationals who encourage and expect the U.S.-based
03:06subsidiaries to obey TSMC's discriminatory policies and practices without pushback,
03:11despite the fact that these policies and practices violate U.S. law.
03:16TSMC has yet to submit a rebuttal to the class-action complaint and declined to comment on the ongoing
03:22litigation.
03:23A company spokesperson told Forbes, quote,
03:26TSMC believes strongly in the value of a diverse workforce and we hire and promote without
03:31regard to gender, religion, race, nationality, or political affiliation because we respect
03:36differences and believe that equal employment opportunities strengthen our competitiveness.
03:41We also provide various channels for employees to raise concerns and strive to address concerns
03:46constructively.
03:48Part of the suit focuses on the company's alleged preference for employees who can speak
03:52and write Mandarin Chinese.
03:55The plaintiffs claim that meetings and business materials were often communicated only in
03:59Mandarin, preventing English speakers from doing their jobs and forcing them to decipher
04:04instructional texts with translation services.
04:07This was especially problematic when U.S. employees were required to undergo training
04:11in Taiwan.
04:13One person claimed a manager encouraged her to study Mandarin on the Duolingo app.
04:19For full coverage, check out Sarah Emerson's piece on Forbes.com.
04:24This is Kieran Meadows from Forbes.
04:27Thanks for tuning in.