Sunday, November 1, 2009

How to Fight against Discrimination,Harassment

Fight against Discrimination and Harassment is going to be tough, but you'll emerge victorious if you have the will; and I bet you do, since you're reading this post.

YOU are your strongest support
Tell yourself that you have the will, the capacity and the tenacity to fight for justice.

Record Evidence
Start recording and saving evidence that indicates harassment, discrimination, bullying.
Make a chronological record of such events in a document. Use your phone's voice recording facility when possible. Buy yourself a voice/video recorder since bullying,discrimination usually takes place in closed rooms or when not many people are around. Example;
http://www.skymall.com/shopping/detail.htm?pid=102982510&c=
http://www.skymall.com/shopping/detail.htm?pid=102216418&c=

This is absolutely legal as per the Supreme court of Japan http://www.courts.go.jp/english/judgments/text/2000.07.12-1999-A-No.96.html


Report, Convey the actions that indicate Harassment,Discrimination
Go on record (via email,letter) and inform your manager of the actions that you feel are discriminatory. Make sure you use the words discrimination, harassment combined with adjectives like unfair, unreasonable, etc.

Approach Relevant Government Agencies to assist
a) http://www.minato-intl-assn.gr.jp/index.htm
They will provide basic information on which association to contact and how to proceed.

b) http://www.roudoukyoku.go.jp/information/20050415-foreigner/20050415-foreigner.html
Labor Standards bureau will summon the company to stop discrimination, although its not legally binding. However, this is important since the Labor court will be happy to see that you tried to resolve the situation via the tools available.

c) http://www.toben.or.jp/english/english_legal.html
Tokyo Bar association's lawyers will be available to provide their services

Law Firms
http://tokyo.usembassy.gov/e/acs/tacs-tokyolawyers.html#tokyo

Note : Make sure that the results of the conflict check are negative before you share any evidence,details with a law firm.

Most law firms will try to invite your company to settle the issue by adequate compensation, however you do have an option to reject this step and rather file charges in the labor court.

Companies in Japan are aware that Laws are in favor of the employees and that fighting a law suit is an expensive endeavor, both financially and on their reputation. So, be ready to receive an offer from the company for an off-line settlement.