Laid-off programmers have filed a lawsuit accusing the
Labor Department of illegally denying them job-training benefits available
to workers in industries in which jobs have moved overseas.
The
suit, which seeks class-action status, was filed this month in the U.S.
Court of International Trade in New York, said Michael Smith, attorney
for the plaintiffs.
They want a judge to order the department to
make laid-off software workers eligible for weekly cash payments and other
benefits under the Trade Adjustment Assistance program.
Representatives from the Labor Department declined to comment on
the pending litigation.
In recent years, U.S. companies have laid
off thousands of software workers and other technology employees while
adding technology staff in India and other developing countries where
labor is inexpensive.
Begun in the 1960s, the Trade Adjustment
Assistance program was designed to help U.S. workers by softening the blow
of increased imports or transfers of jobs to other countries.
In
the last two years, the Labor Department has ruled many software workers
ineligible for the benefits. It has said software and information
technology services didn't qualify as products under the program's
guidelines. Only workers who made more tangible products, such as clothing
and furniture, can get the benefits.
The lawsuit claims that about
10,000 software workers should be eligible for the benefits but would be
ruled ineligible under current Labor Department practices.




