The EEOC also told DeVito that it was unsuccessful in an attempt "to facilitate a successful conciliation" between the parties. The EEOC decided not to bring a lawsuit, but told DeVito that he had a right to sue. The EEOC doesn't file lawsuit every time it rules a complainant was discriminated against.

That lawsuit was filed late last month.

According to U.S. labor data, the recession . For computer professionals, age 55 years and older, the unemployment rate jumped overall from 6% to 8.4% from 2009 to 2010. For men it was 8% and for women, 9.4%.

Most of Infosys workers in the U.S. are from India and are using either H-1B or L-1 visas. But a recent lawsuit also cites its , a visitor visa. Last fall Infosys said it had plans to hire 1,000 U.S. workers.

DeVito is seeking a jury trial and damages.