{"id":2056,"date":"2008-11-22T10:43:16","date_gmt":"2008-11-22T01:43:16","guid":{"rendered":"http:\/\/www.debito.org\/?p=2056"},"modified":"2008-11-22T12:36:33","modified_gmt":"2008-11-22T03:36:33","slug":"fyi-people-working-for-american-companies-in-japan-are-covered-by-us-civil-rights-law","status":"publish","type":"post","link":"https:\/\/www.debito.org\/?p=2056","title":{"rendered":"FYI: People working for American companies in Japan are covered by US Civil Rights Law"},"content":{"rendered":"

\"Handbook<\/a>\"\\\"<\/a>\"Foreign<\/a>\"\\\"<\/a>\"\u300c\u30b8\u30e3\u30d1\u30cb\u30fc\u30ba\u30fb\u30aa\u30f3\u30ea\u30fc\u3000\u5c0f\u6a3d\u5165\u6d74\u62d2\u5426\u554f\u984c\u3068\u4eba\u7a2e\u5dee\u5225\u300d\uff08\u660e\u77f3\u66f8\u5e97\uff09\"<\/a>\"JAPANESE<\/a>
\n Hi Blog. \u00a0Here’s a note on a subject that may help people working for American multinational companies. \u00a0They have double labor rights\/civil rights protections — both American and Japanese. \u00a0And apparently the\u00a0American government links to the civil rights authorities of other countries\/unions like Canada and the EU. \u00a0More on the EEOC site<\/a><\/em>. \u00a0Further,\u00a0HANDBOOK FOR NEWCOMERS, MIGRANTS, AND IMMIGRANTS<\/a>\u00a0has been helping people define their terms and anchor their arguments. \u00a0Happy to hear. \u00a0Arudou Debito in Sapporo<\/em><\/p>\n

================================
\n\u00a0
\nDid you happen to know that U.S. civil rights law (equal employment opportunities, or EEO) applies to U.S. citizens working abroad for U.S. multinational companies?
\n\u00a0
\nhttp:\/\/www.eeoc.gov\/abouteeo\/overview_coverage.html<\/a>
\n\u00a0
\nunder:\u00a0 “Multinational Employers”<\/p>\n

This is a heads up to the expat community.\u00a0\u00a0\u00a0 Very few know that if they are working for the Japanese sub of an American company, and feel they are being discriminated or not given equal opportunities (based on a U.S. understanding of what that is!), they can go to the Equal Employment Opportunities Commission (EEOC) in the US.<\/a><\/p>\n

<\/a>EEOC Charge mediation is confidential.<\/p>\n

http:\/\/www.eeoc.gov\/mediate\/facts.html<\/a><\/p>\n

Very few American-parent companies here tell their workers about the EEO coverage.\u00a0\u00a0 Basically, Congress wrote the law to hold the American parent liable for the activities of the overseas company that it controls.\u00a0\u00a0 So one possible remedy is filing an EEO complaint, which can be done over the internet. \u00a0Employers are supposed to tell the employees about these coverages and remedies — it says so in the 1964 act.<\/p>\n

One thing that should also be pointed out is that there is a statute of limitations on EEOC charges.\u00a0\u00a0\u00a0 Usually this is 300 days, but in some instances might only be 180 days.\u00a0\u00a0\u00a0 It isn’t clear, though, that if the company does not NOTIFY you of the coverage, whether these limitations would apply. \u00a0So to be on the safe side, assume 180 days.<\/p>\n

There is also a non-retaliation provision:\u00a0\u00a0 Form 5 information page states:
\n\u00a0
\nNOTICE OF NON-RETALIATION REQUIREMENTS<\/strong>
\n\u00a0
\n “Please\u00a0<\/em>notify<\/em><\/strong>\u00a0EEOC or state and local agency where you filed your charge\u00a0<\/em>if retaliation is taken against you or others<\/em><\/strong>\u00a0who oppose discrimination or cooperate in any investigation or lawsuit concerning this charge.\u00a0\u00a0 Under Section 704(a) of Title VII,\u00a0 . . . [etc.], it is unlawful for an employer to discriminate against present or former employees or job applicants, for an employment agency to discriminate against anyone, or for a union to discriminate against its members or membership applicants, because they have opposed any practice made unlawful by the statutes, or because they have made a charge, testified, assisted or participated in any manner in an investigation, proceeding, or hearing under the laws . . . “<\/em>
\n\u00a0
\nHANDBOOK has been very handy in explaining Japanese labor law, since it is not exactly the subject of substantial English-language literature in other countries or languages<\/a>. \u00a0 In addition,\u00a0letting people around Japan know about the EEO coverage, it helps anyone who is caught in a similar bind. \u00a0Japanese labor law investigators don’t seem to be all that vigilant when it comes to foreigners — not only language barriers, but also a sense that the foreign person “really isn’t supposed to be here” in the first place.<\/p>\n

ENDS<\/p>\n","protected":false},"excerpt":{"rendered":"

For the Americans (and anyone else) working in US multinational companies: The US Equal Employment Opportunities law applies even in Japan, and if you are being treated unfairly (and that includes being given contract employment while Japanese get regular employment), you can bring a charge under US law and call for US labor commission mediation even in Japan. Fact is, people working for American multinational companies have double labor rights\/civil rights protections — both American and Japanese. And apparently the American government links to the civil rights authorities of other countries\/unions like Canada and the EU. More on the USG EEOC site. Further, HANDBOOK FOR NEWCOMERS, MIGRANTS AND IMMIGRANTS TO JAPAN has been helping people define their terms and anchor their arguments. Happy to hear.<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[28,38,16,46],"tags":[],"class_list":["post-2056","post","type-post","status-publish","format-standard","hentry","category-anti-discrimination-templates","category-handbook-for-newcomers","category-labor-issues","category-practical-advice"],"_links":{"self":[{"href":"https:\/\/www.debito.org\/index.php?rest_route=\/wp\/v2\/posts\/2056","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.debito.org\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.debito.org\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.debito.org\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.debito.org\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=2056"}],"version-history":[{"count":0,"href":"https:\/\/www.debito.org\/index.php?rest_route=\/wp\/v2\/posts\/2056\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.debito.org\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=2056"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.debito.org\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=2056"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.debito.org\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=2056"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}