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Reasonable Accomodation Statement, Data Privacy Notice, Mutual Arbitration Agreement

Reasonable Accommodation

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Reasonable Accommodation

We are an equal opportunity employer and are committed to the fair and equal employment of individuals with disabilities in full compliance with the Americans with Disabilities Act and applicable state and local law. We do not discriminate in any way in any employment decision or action on the basis of any protected characteristic including disability, handicap, genetic information, or qualifying medical condition or because an employee has requested a reasonable accommodation; nor does the Company condone such discrimination. The Company will endeavor to provide reasonable accommodation to the known physical or mental limitations of a qualified applicant with a disability unless the accommodation would impose undue hardship on the operation of our business. If you believe you require such assistance to complete this form or participate in an interview, please write to us at Candidate.Accommodations@ltm.com.

Click here to read the Data Privacy Notice for Job applicants

Mutual Arbitration Agreement

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By submitting my application to LTIMindtree Limited(formerly Larsen & Toubro Infotech Limited)(“the Company”), I recognize that disputes may arise between the Company and me with respect to my application for employment with the Company, before, during or following my employment with the Company, and that those differences may or may not be related to my employment. I understand and agree that by entering into this Mutual Agreement to Arbitrate Claims (“Agreement”), I anticipate gaining the benefits of a speedy, impartial, final and binding dispute-resolution procedure.

The Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings pursuant to this Agreement. To the extent that the Federal Arbitration Act is inapplicable, or held not to require arbitration of a particular claim or claims, the arbitration law of the state in which the arbitration is held shall apply. I understand and agree that the Company is engaged in transactions involving interstate commerce. The arbitration shall take place in the County in which I am or was last employed by the Company, or if I am never employed by the Company, arbitration shall take place in the County of the work location to which I applied.

Claims Covered by the Agreement

The Company and I mutually consent to the resolution by arbitration of all claims or controversies (“claims”), past, present or future, whether or not arising out of my application for employment, actual employment (or its termination), that the Company may have against me or that I may have against any of the following (1) the Company, (2) its officers, directors, employees or agents in their capacity as such or otherwise, (3) the Company’s parent, subsidiary and affiliated entities, (4) the Company’s benefit plans or the plans’ sponsors, fiduciaries, administrators, affiliates and agents, (5) the Company’s clients to the extent such claims arise out of or are related to my application to perform work on behalf of the Company for such clients and thus the parties agree that such clients are third party beneficiaries of this Agreement, and/or (6) all predecessors, successors and assigns of any of them (including, but not limited to, Larsen & Toubro Infotech Limited and Mindtree Limited).By considering my application for the provision of services provided through the Company, the entities and individually identified in subparagraphs 5 and 6 accept the terms of this Agreement and agree to arbitrate any and all controversies we may have against each other pursuant to this Agreement.

Except as otherwise stated herein, all claims that may be resolved under applicable federal, state or local law are subject to arbitration under this Agreement.

Arbitrable claims include, but are not limited to

hiring-related claims (such as any claim associated with my selection or non-selection for employment); claims for wages or other compensation due; claims for individual relief under PAGA; claims for breach of any contract or covenant (express or implied); tort claims; claims for harassment, claims for discrimination (including, but not limited to, race, sex, sexual orientation, religion, national origin, age, marital status, physical or mental disability or handicap, or medical condition); claims for benefits (except claims under an employee benefit or pension plan that either (1) specifies that its claims procedure shall culminate in an arbitration procedure different from this one, or (2) is underwritten by a commercial insurer which decides claims); and claims for violation of any federal, state, or other governmental law, statute, regulation, or ordinance, except claims excluded in the section of this Agreement entitled “Claims Not Covered By The Agreement.” Employees and applicants may learn more about their legal rights by visiting websites hosted by federal and state governmental agencies. Some of the federal websites are as follows, although they are subject to change by the hosting agencies: www.dol.gov; www.dol.gov/compliance/laws/comp-flsa.htm; www.dol.gov/dol/topic/wages/index.htm; and www.eeoc.gov/.

The Company and I agree that neither of us shall initiate or prosecute any lawsuit or administrative action in any way related to any claim covered by this Agreement, except that this Agreement does not prohibit the filing of the following: (1) a court action for temporary equitable relief in aid of arbitration, (2) an administrative charge to any state or local fair employment practices agency, (3) an administrative charge to the National Labor Relations Board, (4) an agency charge or complaint to exhaust an administrative remedy, or (5) any other charge filed with or communication to a federal, state or local government office, official or agency.

Claims Not Covered by the Agreement

Claims for workers’ compensation or unemployment compensation benefits are not covered by this Agreement. Claims for sexual harassment or sexual assault are not covered by this Agreement to the extent precluded by applicable law. Claims for non-individual relief under PAGA brought as a representative of the state of California are not covered under this Agreement to the extent the arbitration of such claims is precluded by applicable law. Additionally, although the parties agree that this Agreement should be subject to, and enforceable under the Federal Arbitration Act, should a court or arbitrator determine otherwise, any claim precluded from the arbitration process under any state law applicable to the dispute between the parties shall not be subject to arbitration.

To the maximum extent permitted by law, I hereby waive any right to bring on behalf of persons other than myself, or to otherwise participate with other persons in, any purported class, collective, or representative action. This Agreement does not apply to claims asserted in a previously filed civil action or to claims previously asserted by legal counsel in a written demand letter, if such counsel continues to represent you at the time of execution of this Agreement.

Arbitration Procedures

The arbitration will be conducted under the Employment Arbitration Rules & Mediation Procedures of the American Arbitration Association (“AAA Rules”) then in effect. The AAA Rules are currently available at http://www.adr.org. I understand that the Company will supply me with a copy of those rules upon my request. The single neutral Arbitrator shall be either a retired judge, or an attorney who is experienced in employment law and licensed to practice law in the state in which the arbitration is convened (the “Arbitrator”), selected pursuant to AAA rules or by mutual agreement of the parties.

The Arbitrator shall have the authority to order such discovery by way of deposition, interrogatory, document production, or otherwise, as the arbitrator considers necessary to a full and fair exploration of the issues in dispute, consistent with the expedited nature of arbitration. The Arbitrator shall have jurisdiction to hear and rule on pre-hearing disputes and is authorized to hold pre-hearing conferences by telephone or in person, as the Arbitrator deems advisable. The Arbitrator shall have the authority to entertain a motion to dismiss and/or a motion for summary judgment by any party and shall apply the standards governing such motions under the Federal Rules of Civil Procedure. The Arbitrator shall apply the substantive law (and the law of remedies, if applicable) of the state in which the claim arose, or federal law, or both, as applicable to the claim(s) asserted. The Arbitrator is without jurisdiction to apply any different substantive law or law of remedies. The Federal Rules of Evidence shall apply. The arbitration shall be final and binding upon the parties, except as provided in this Agreement. Either party upon its request shall be given leave to file a post-hearing brief. The time for filing such a brief shall be set by the Arbitrator. The Arbitrator shall render an award and written opinion in the form typically rendered in labor arbitrations no later than thirty (30) days from the date the arbitration hearing concludes or the post-hearing briefs (if requested) are received, whichever is later. The opinion shall include the factual and legal basis for the award. Should any party refuse or neglect to appear for, or participate in, the arbitration hearing, the Arbitrator shall have the authority to decide the dispute based upon whatever evidence is presented.

Arbitration Fees and Costs

The Company will be responsible for paying any filing fee and the fees and costs of the Arbitrator where required by applicable law, provided, however, that if I am the party initiating the claim, I will contribute an amount equal to the filing fee to initiate a claim in the court of general jurisdiction in the state in which the arbitration is held. Each party shall pay in the first instance its own litigation costs and attorneys’ fees, if any. However, if any party prevails on a statutory claim which affords the prevailing party attorneys’ fees and litigation costs, or if there is a written agreement providing for attorneys’ fees and/or litigation costs, the Arbitrator shall rule upon a motion for attorneys’ fees and/or litigation costs under the same standards a court would apply under the law applicable to the claim(s) at issue.

Reconsideration and Review

The Arbitrator shall issue a decision in writing. Either party shall have the right, within twenty (20) days of issuance of the Arbitrator’s decision, to file with the Arbitrator (and the Arbitrator shall have jurisdiction to consider and rule upon) a motion to reconsider (accompanied by a supporting brief), and the other party shall have twenty (20) days from the date of the motion to respond. The Arbitrator thereupon shall reconsider the issues raised by the motion and, promptly, either confirm or change the decision, which (except as provided by law) shall then be final and conclusive upon the parties. Either party may bring an action in any court of competent jurisdiction to compel arbitration under this Agreement and to enforce an arbitration award.

Sole and Entire Agreement, Construction and Severability

This is the complete agreement of the parties on the subject of arbitration of disputes (except for any arbitration agreement in connection with any pension or benefit plan). This Agreement supersedes any prior or contemporaneous oral or written understandings on the subject. If any provision of this Agreement is adjudged to be void or otherwise unenforceable, in whole or in part, such adjudication shall not affect the validity of the remainder of the Agreement. All other provisions shall remain in full force and effect, and such unenforceable provision shall be deemed severed to the extent deemed unlawful or unenforceable.

This Agreement to arbitrate shall survive the termination of my application process, any employment with the Company and the expiration of any benefit plan. It can only be revoked by a writing signed by both the Company’s Chief Executive Officer and me, specifically stating an intent to revoke this Agreement.

I UNDERSTAND THAT PROMISES BY THE COMPANY AND BY ME TO ARBITRATE DIFFERENCES, RATHER THAN LITIGATE THEM BEFORE COURTS OR OTHER BODIES, PROVIDE CONSIDERATION FOR EACH OTHER. I UNDERSTAND THAT BY SIGNING THIS AGREEMENT I AM GIVING UP MY RIGHT TO A JURY TRIAL.

I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS AGREEMENT, THAT I UNDERSTAND ITS TERMS, THAT ALL UNDERSTANDINGS AND AGREEMENTS BETWEEN THE COMPANY AND ME RELATING TO THE SUBJECTS COVERED IN THE AGREEMENT ARE CONTAINED IN IT, AND THAT I HAVE ENTERED INTO THE AGREEMENT VOLUNTARILY AND NOT IN RELIANCE ON ANY PROMISES OR REPRESENTATIONS BY THE COMPANY OTHER THAN THOSE CONTAINED IN THIS AGREEMENT ITSELF.

BY SIGNING THIS AGREEMENT, THE PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN THEIR INDIVIDUAL CAPACITIES AND NOT AS A PLAINTIFF, REPRESENTATIVE OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE OR COLLECTIVE PROCEEDING UNLESS OTHERWISE STATED HEREIN.

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