A fair housing audit is an important tool for measuring racial and ethnic discrimination in housing market, so they are widely used for policy purposes in the U.S. Each audit consists of a visit to a real estate agent by a minority individual and a majority individual with equal qualification.
This paper applies this survey technique to age discrimination in Japanese rental housing market. Using data from the 2001 Osaka Audits, this paper analyzes the level and causes of the discrimination encountered by elderly home-seekers, and argues the relation between age discrimination and residential segregation of elderly. The estimated level of discrimination is high: The number of available housing units about which elderly home-seekers are told is 30 percent fewer than the number of available housing units about which young home-seekers are told.
Econometric tests suggest that stereotyping about elderly renters' ability to pay and rental terms, and young people's preference for a neighborhood of young inhabitants influences agent behavior. And age discrimination and inflexibility in the housing market for the elderly are probable reason for residential segregation of elderly.
Showing posts with label Ageism in Japan. Show all posts
Showing posts with label Ageism in Japan. Show all posts
A difficult environment for “older” workers
Older workers face different problems in this environment. Japan’s decade of economic difficulties has placed enormous pressure on companies, straining the traditional “lifetime employment” system. Surveys offer conflicting evidence: while one recent survey showed that only 10% of employers “highly value” the lifetime employment system, another study indicated that over 50% of Japan’s companies would prefer to retain the lifetime employment system, “regardless of business results.” Job security is increasingly an issue for older Japanese.
Some employers are explicitly lowering the retirement age from 60 to 55, then 55 to 50, then 50 to 45 and in some cases even as low as 40. In fact, in Japan “older” generally refers to those over 45 years of age, hardly “old” by Western standards. Japan has no age discrimination law, but does have fairly strict workplace laws making it difficult to dismiss workers. However, companies have ways of making their desires known to their employees. Companies have been known to lower employees’ titles, decrease salaries, change job assignments and/or descriptions, and move personnel from normal office surroundings to unpleasant ones, as in a vacant or basement area. Japanese culture frowns on disputes, litigation, and confrontation, so instead of complaining, most employees faced with these situations get the hint and quit.
As a result, older workers are particularly vulnerable. Those who are forced to leave their jobs find the job market for older candidates exceedingly tight, even in the best times. Despite the difficulties some young Japanese face in finding employment, almost all job postings are for people aged 20-40. Those positions available to "older" workers are often in such categories as security personnel and taxi drivers.
Some employers are explicitly lowering the retirement age from 60 to 55, then 55 to 50, then 50 to 45 and in some cases even as low as 40. In fact, in Japan “older” generally refers to those over 45 years of age, hardly “old” by Western standards. Japan has no age discrimination law, but does have fairly strict workplace laws making it difficult to dismiss workers. However, companies have ways of making their desires known to their employees. Companies have been known to lower employees’ titles, decrease salaries, change job assignments and/or descriptions, and move personnel from normal office surroundings to unpleasant ones, as in a vacant or basement area. Japanese culture frowns on disputes, litigation, and confrontation, so instead of complaining, most employees faced with these situations get the hint and quit.
As a result, older workers are particularly vulnerable. Those who are forced to leave their jobs find the job market for older candidates exceedingly tight, even in the best times. Despite the difficulties some young Japanese face in finding employment, almost all job postings are for people aged 20-40. Those positions available to "older" workers are often in such categories as security personnel and taxi drivers.
Age Discrimination & U.S. Law: What Japanese Firms Need to Know
A panel of distinguished specialists in law and culture spoke about age discrimination under U.S. law and the steps that Japanese companies with U.S. operations must take to comply with American legal norms on age in the workplace.
Panelist Michael McKenna of Japan Intercultural Consulting spoke about attitudes towards age in Japan. "Public attitudes of respect for the aged are very strong," he said, "not surprising in one sense, since Japan is the heir of a Confucian tradition that emphasizes respect for the elders"; but "at the same time, private attitudes are much more ambiguous."
"Beyond Confucianism, there are a whole lot of very well known systems and usages that emphasize age or seniority," Mr. McKenna noted. The Japanese language uses different forms depending on whether the speaker is younger than or older than the person spoken to. Sempai-kohai (upperclassman-underclassman) relationships in sports clubs and universities are important. Preferential seats on Japanese subway trains are called shiruba siito ("silver seats"), and a national Respect for the Aged Day is celebrated on the third Monday of September.
There's also a special celebration for one's 61st birthday, in which the traditional costume is modeled on a child's cap and vest, he continued. "So one is really returning to an infant-like state. Childhood in Japan is a very happy time, it's a time when you can do what you wish and say what you want, but when adults, mature adults, do what they wish and say what they want, it can be seen as being selfish, or willful, or bossy."
This ambiguity, this admixture of negative sentiments about age, is shown quite dramatically in the Japanese folk tale "Ubasuteyama," which in literal translation means "Throwing-Away-Grandma Mountain," said Mr. McKenna. In the story, "when the old ceased to be productive and became a burden to the village, they were taken to a mountain and left to die of exposure. In effect they were sacrificed for the good of the village or the family. This legend is not unique to Japan; it reoccurs in various parts of Asia; but it is often told in Japan" and was made into a film in Japan in 1954 and again in 1983.
"Tragically, several years ago, when suicides among the elderly increased dramatically in Japan, the themes of being a burden or not wishing to become a burden on one's family or not wishing to inconvenience" were reported prominently as a reason for the increase in suicides among the aged, he reflected.
"In employment as well, age can work both ways," Mr. McKenna observed. A recent study showed that 83 percent of mid-sized and small firms in Japan still have seniority-based wage systems and lifetime employment, though larger firms are moving away from this model. In these systems, compensation may plateau around age 50 and even shrink at age 55 through 60.
"Mandatory retirement age is seen as necessary to these systems, as the way that promotions can continue to be made is to retire the people who hold the most senior positions," and continues to be recognized as legal, "even though there are court cases and discussions about whether mandatory retirement ages are discriminatory or not," he pointed out.
"So what's the message in all this in terms of attitude?" Mr. McKenna asked. "To say it very simply, a Japanese manager, I believe, is well advised not to trust your first instincts in the area of age," and "to raise your hand, to talk to someone like my colleagues who will talk in a few minutes on what needs to be done here, to find some cross-cultural training that will sensitize you to what Americans expect, because some of the things that we have talked about here are quite different than what your American employees are expecting."
"In federal law in the United States it's illegal to discriminate against somebody because of his age, from age 40 and up," said Debra Raskin of Vladeck, Waldman, Elias & Englehard. In New York City and New York State, the threshold is age 18 and up. And in most contexts, American laws forbid mandatory retirement.
When an age bias case is brought in court, she said, "plaintiffs' lawyers, lawyers who represent employees like me, do very much want to get our case in front of a jury, because we believe that most people on a jury will be sympathetic on issues of age discrimination."
"Getting in front of a jury is sometimes a very tricky thing," she added. If a defendant's lawyers move for summary judgment and they're successful, it means that the judge will rule that there's not enough evidence of discrimination to get the case heard by a jury.
Among the evidence that Ms. Raskin will offer on behalf of an age-discrimination client are biased remarks, "and what is really surprising in the age discrimination context is how often supervisors, and I'm not just talking about Japanese supervisors, I'm talking about Americans, I'm talking about other foreign companies that we've sued, use words about age as a negative," she said.
There are many clichés about age in American society--"'he's been around too long, you can't teach an old dog new tricks, he's stuck in old ways, he's slowing down'--all of those kinds of comments that people say, really without even thinking about it, are things that we will use to try to prove that age was in the manager's brain when that manager made a decision about what happened to this employee."
Likewise relevant, she noted, are comments that express a preference for youth: "'oh, we have this great young candidate for the job.' Would anybody ever say 'oh, we have this great white candidate for a job'? It doesn't happen so much any more, fortunately, but people still say those kinds of things about age. 'We want new blood, young ideas, new ideas,' all of that kind of stuff." Or people ask questions about retirement--"when are you going to retire?" or "don't you want to spend more time with your grandchildren?"--these comments are particularly risky given the U.S. ban on mandatory retirement in most settings.
If there isn't direct evidence of age bias, proving discriminatory intent typically entails evidence "that the reason the employer has given for firing the older worker, or not giving the older worker a promotion, is false, is not true, at least in part; and we call that pretext," she continued.
"What kind of evidence would I look for in trying to show that the employer is trying to cover up age discrimination by making up some other reason?" she asked. First, compare how younger workers are treated: if an older worker is fired for doing something wrong, for instance not meeting sales targets, are younger workers whose sales fall short of targets also fired?
"We also look at statistics, sort of an overall picture of the workforce," Ms. Raskin explained. As an example, if only one-fourth of a company's workers are over 40 but there's a reduction in force and 80 percent of the laid-off workers are over 40, "then that becomes a big problem for the employer and another way of proving discrimination."
If the employer doesn't follow its own procedures--"if there's a written procedure for giving warnings, and having probation, and so on, but the older worker doesn't get those warnings, or doesn't get performance evaluations that suggest how to improve--that may also be evidence of discrimination."
"Many of the employees who come into our office don't necessarily come to us because they believe or know that they've been the victims of discrimination. They come because they think they've been treated unfairly," Ms. Raskin concluded. "If you are unfair to an employee, if you fire them in a way that's humiliating, making them pack up their stuff and just go out the door, it's perfectly legal in American law; but I will tell you that nothing drives someone to a lawyer faster than that."
"So I would urge you to be kind and respectful to your employees, and then you'll put me out of business," she said with a smile.
Statistically, "age plaintiffs are the most successful discrimination plaintiffs," agreed William Milani of Epstein Becker & Green. If Ms. Raskin and her colleagues on the plaintiff's side can get to a jury, there's two-to-one chance that "she's going to win that case."
A recent federal-court case called Tomassi vs. Insignia underscores these risks, said Mr. Milani. The plaintiff, a woman in her 60s, was hired by MetLife to manage resident services at Peter Cooper Village, an apartment complex in Manhattan. Later on, MetLife engaged Insignia to oversee the complex, and Insignia became the plaintiff's employer. But then she was fired; and she sued on the basis, among other things, of age discrimination.
The lower court dismissed her case on summary judgment. She appealed, and the Second Circuit Court of Appeals held in her favor and overturned the lower court's decision.
"Throughout her employment," Mr. Milani recounted, "even while she was getting good appraisals and increases and bonuses and promotions, the supervisor was making comments. He would say things like 'in your day and age.' He would say 'you can understand our senior residents.' He would say 'you would be better off retiring soon if you're tired today.'"
"In the very meeting in which he terminated her," the appeals court said, the supervisor told her "she got along so well with seniors, she should do something in that area."
"So this issue of quote 'stray remarks' in the age area is something that courts are focused on and will allow" to reach the jury, Mr. Milani observed.
The Second Circuit found it relevant that Peter Cooper Village had launched a marketing campaign "to attract young professional tenants, and they went out aggressively recruiting younger workers who they thought would work better perhaps with those younger tenants that they were trying to recruit," he noted.
The employer argued that the plaintiff was fired for poor performance, "but the court said that's inconsistent with the way you appraised her and treated her and promoted her," Mr. Milani continued. "The court also noted that in the termination meeting, in giving her the explanation, she wasn't told it was performance. They said nothing about any issues related to that; instead, said it was because they wanted someone with website experience," and in fact the supervisor who terminated her "said that he would be delighted to serve as a reference for her because of her great skill."
"The area of age discrimination in Japanese companies, foreign-owned companies, can be even more challenging" than for American companies, Mr. Milani cautioned. To illustrate, he cited a case in which Ms. Raskin represented the CEO of an American subsidiary of EniChem, an Italian company that had decided to consolidate two U.S. subsidiaries as part of a global restructuring.
The EniChem America CEO, along with others employed in the U.S., was terminated at age 61. The CEO sued both the U.S. subsidiary and the Italian parent for age discrimination, and asked the court to order discovery on a global basis: "they wanted to know who was fired by EniChem around the world."
EniChem argued that what happened overseas was irrelevant to what happened in the U.S. But the company lost the case.
"The plaintiff argued, Ms. Raskin argued, and successfully, that the information about the global restructuring was relevant, because to the extent that the statistics demonstrated that the company, EniChem Italy, had a preference and an intent to get rid of its older workers globally, and even in those jurisdictions where age discrimination is not unlawful" and mandatory retirement systems are allowed, "that would be relevant to show that age was relevant with respect to decisions here. The court agreed, and allowed that discovery," Mr. Milani said.
"In the last year or so," he continued, "many of our clients, many of our Japanese clients, have been facing what almost sounds like the same case."
In this scenario, "a long-service, locally hired employee in his or her late 50s or early 60s, somebody with historically good performance reviews, salary increases, bonuses and promotions," is being let go, "because of poor performance or a decision to eliminate the job"; and the employee's lawyer calls Mr. Milani's firm, "alleging that the appraisals have always been good, the increases have been good, in fact there have been age-based remarks recently, inquiries about when are you going to retire, are you thinking about leaving, when might it be."
"And they are pointing to many of the things we've talked about already, insofar as mandatory retirement policies that may be effective for the Japanese parent, and the fact that they're alleging that there is this expectation, because they're in their late 50s or early 60s, that they're being asked to leave for that unlawful reason."
"Japan can be directing very generally budgets, and numbers, and workforce size and the like, perfectly fine," Mr. Milani summed up. However, "to the extent Tokyo was involved in those day-to-day decisions" on local personnel matters, "it is running the risk of being named as a defendant and being subject to discovery here."
In the severance context, age discrimination waivers are subject to many detailed requirements, and "it's one area where those of us who are lawyers, those of you who may be lawyers or have human resources responsibility, are particularly vulnerable, because this is our responsibility to get this right. So please be aware of that; we're seeing a lot of litigation in that area," he concluded.
Panelist Michael McKenna of Japan Intercultural Consulting spoke about attitudes towards age in Japan. "Public attitudes of respect for the aged are very strong," he said, "not surprising in one sense, since Japan is the heir of a Confucian tradition that emphasizes respect for the elders"; but "at the same time, private attitudes are much more ambiguous."
"Beyond Confucianism, there are a whole lot of very well known systems and usages that emphasize age or seniority," Mr. McKenna noted. The Japanese language uses different forms depending on whether the speaker is younger than or older than the person spoken to. Sempai-kohai (upperclassman-underclassman) relationships in sports clubs and universities are important. Preferential seats on Japanese subway trains are called shiruba siito ("silver seats"), and a national Respect for the Aged Day is celebrated on the third Monday of September.
There's also a special celebration for one's 61st birthday, in which the traditional costume is modeled on a child's cap and vest, he continued. "So one is really returning to an infant-like state. Childhood in Japan is a very happy time, it's a time when you can do what you wish and say what you want, but when adults, mature adults, do what they wish and say what they want, it can be seen as being selfish, or willful, or bossy."
This ambiguity, this admixture of negative sentiments about age, is shown quite dramatically in the Japanese folk tale "Ubasuteyama," which in literal translation means "Throwing-Away-Grandma Mountain," said Mr. McKenna. In the story, "when the old ceased to be productive and became a burden to the village, they were taken to a mountain and left to die of exposure. In effect they were sacrificed for the good of the village or the family. This legend is not unique to Japan; it reoccurs in various parts of Asia; but it is often told in Japan" and was made into a film in Japan in 1954 and again in 1983.
"Tragically, several years ago, when suicides among the elderly increased dramatically in Japan, the themes of being a burden or not wishing to become a burden on one's family or not wishing to inconvenience" were reported prominently as a reason for the increase in suicides among the aged, he reflected.
"In employment as well, age can work both ways," Mr. McKenna observed. A recent study showed that 83 percent of mid-sized and small firms in Japan still have seniority-based wage systems and lifetime employment, though larger firms are moving away from this model. In these systems, compensation may plateau around age 50 and even shrink at age 55 through 60.
"Mandatory retirement age is seen as necessary to these systems, as the way that promotions can continue to be made is to retire the people who hold the most senior positions," and continues to be recognized as legal, "even though there are court cases and discussions about whether mandatory retirement ages are discriminatory or not," he pointed out.
"So what's the message in all this in terms of attitude?" Mr. McKenna asked. "To say it very simply, a Japanese manager, I believe, is well advised not to trust your first instincts in the area of age," and "to raise your hand, to talk to someone like my colleagues who will talk in a few minutes on what needs to be done here, to find some cross-cultural training that will sensitize you to what Americans expect, because some of the things that we have talked about here are quite different than what your American employees are expecting."
"In federal law in the United States it's illegal to discriminate against somebody because of his age, from age 40 and up," said Debra Raskin of Vladeck, Waldman, Elias & Englehard. In New York City and New York State, the threshold is age 18 and up. And in most contexts, American laws forbid mandatory retirement.
When an age bias case is brought in court, she said, "plaintiffs' lawyers, lawyers who represent employees like me, do very much want to get our case in front of a jury, because we believe that most people on a jury will be sympathetic on issues of age discrimination."
"Getting in front of a jury is sometimes a very tricky thing," she added. If a defendant's lawyers move for summary judgment and they're successful, it means that the judge will rule that there's not enough evidence of discrimination to get the case heard by a jury.
Among the evidence that Ms. Raskin will offer on behalf of an age-discrimination client are biased remarks, "and what is really surprising in the age discrimination context is how often supervisors, and I'm not just talking about Japanese supervisors, I'm talking about Americans, I'm talking about other foreign companies that we've sued, use words about age as a negative," she said.
There are many clichés about age in American society--"'he's been around too long, you can't teach an old dog new tricks, he's stuck in old ways, he's slowing down'--all of those kinds of comments that people say, really without even thinking about it, are things that we will use to try to prove that age was in the manager's brain when that manager made a decision about what happened to this employee."
Likewise relevant, she noted, are comments that express a preference for youth: "'oh, we have this great young candidate for the job.' Would anybody ever say 'oh, we have this great white candidate for a job'? It doesn't happen so much any more, fortunately, but people still say those kinds of things about age. 'We want new blood, young ideas, new ideas,' all of that kind of stuff." Or people ask questions about retirement--"when are you going to retire?" or "don't you want to spend more time with your grandchildren?"--these comments are particularly risky given the U.S. ban on mandatory retirement in most settings.
If there isn't direct evidence of age bias, proving discriminatory intent typically entails evidence "that the reason the employer has given for firing the older worker, or not giving the older worker a promotion, is false, is not true, at least in part; and we call that pretext," she continued.
"What kind of evidence would I look for in trying to show that the employer is trying to cover up age discrimination by making up some other reason?" she asked. First, compare how younger workers are treated: if an older worker is fired for doing something wrong, for instance not meeting sales targets, are younger workers whose sales fall short of targets also fired?
"We also look at statistics, sort of an overall picture of the workforce," Ms. Raskin explained. As an example, if only one-fourth of a company's workers are over 40 but there's a reduction in force and 80 percent of the laid-off workers are over 40, "then that becomes a big problem for the employer and another way of proving discrimination."
If the employer doesn't follow its own procedures--"if there's a written procedure for giving warnings, and having probation, and so on, but the older worker doesn't get those warnings, or doesn't get performance evaluations that suggest how to improve--that may also be evidence of discrimination."
"Many of the employees who come into our office don't necessarily come to us because they believe or know that they've been the victims of discrimination. They come because they think they've been treated unfairly," Ms. Raskin concluded. "If you are unfair to an employee, if you fire them in a way that's humiliating, making them pack up their stuff and just go out the door, it's perfectly legal in American law; but I will tell you that nothing drives someone to a lawyer faster than that."
"So I would urge you to be kind and respectful to your employees, and then you'll put me out of business," she said with a smile.
Statistically, "age plaintiffs are the most successful discrimination plaintiffs," agreed William Milani of Epstein Becker & Green. If Ms. Raskin and her colleagues on the plaintiff's side can get to a jury, there's two-to-one chance that "she's going to win that case."
A recent federal-court case called Tomassi vs. Insignia underscores these risks, said Mr. Milani. The plaintiff, a woman in her 60s, was hired by MetLife to manage resident services at Peter Cooper Village, an apartment complex in Manhattan. Later on, MetLife engaged Insignia to oversee the complex, and Insignia became the plaintiff's employer. But then she was fired; and she sued on the basis, among other things, of age discrimination.
The lower court dismissed her case on summary judgment. She appealed, and the Second Circuit Court of Appeals held in her favor and overturned the lower court's decision.
"Throughout her employment," Mr. Milani recounted, "even while she was getting good appraisals and increases and bonuses and promotions, the supervisor was making comments. He would say things like 'in your day and age.' He would say 'you can understand our senior residents.' He would say 'you would be better off retiring soon if you're tired today.'"
"In the very meeting in which he terminated her," the appeals court said, the supervisor told her "she got along so well with seniors, she should do something in that area."
"So this issue of quote 'stray remarks' in the age area is something that courts are focused on and will allow" to reach the jury, Mr. Milani observed.
The Second Circuit found it relevant that Peter Cooper Village had launched a marketing campaign "to attract young professional tenants, and they went out aggressively recruiting younger workers who they thought would work better perhaps with those younger tenants that they were trying to recruit," he noted.
The employer argued that the plaintiff was fired for poor performance, "but the court said that's inconsistent with the way you appraised her and treated her and promoted her," Mr. Milani continued. "The court also noted that in the termination meeting, in giving her the explanation, she wasn't told it was performance. They said nothing about any issues related to that; instead, said it was because they wanted someone with website experience," and in fact the supervisor who terminated her "said that he would be delighted to serve as a reference for her because of her great skill."
"The area of age discrimination in Japanese companies, foreign-owned companies, can be even more challenging" than for American companies, Mr. Milani cautioned. To illustrate, he cited a case in which Ms. Raskin represented the CEO of an American subsidiary of EniChem, an Italian company that had decided to consolidate two U.S. subsidiaries as part of a global restructuring.
The EniChem America CEO, along with others employed in the U.S., was terminated at age 61. The CEO sued both the U.S. subsidiary and the Italian parent for age discrimination, and asked the court to order discovery on a global basis: "they wanted to know who was fired by EniChem around the world."
EniChem argued that what happened overseas was irrelevant to what happened in the U.S. But the company lost the case.
"The plaintiff argued, Ms. Raskin argued, and successfully, that the information about the global restructuring was relevant, because to the extent that the statistics demonstrated that the company, EniChem Italy, had a preference and an intent to get rid of its older workers globally, and even in those jurisdictions where age discrimination is not unlawful" and mandatory retirement systems are allowed, "that would be relevant to show that age was relevant with respect to decisions here. The court agreed, and allowed that discovery," Mr. Milani said.
"In the last year or so," he continued, "many of our clients, many of our Japanese clients, have been facing what almost sounds like the same case."
In this scenario, "a long-service, locally hired employee in his or her late 50s or early 60s, somebody with historically good performance reviews, salary increases, bonuses and promotions," is being let go, "because of poor performance or a decision to eliminate the job"; and the employee's lawyer calls Mr. Milani's firm, "alleging that the appraisals have always been good, the increases have been good, in fact there have been age-based remarks recently, inquiries about when are you going to retire, are you thinking about leaving, when might it be."
"And they are pointing to many of the things we've talked about already, insofar as mandatory retirement policies that may be effective for the Japanese parent, and the fact that they're alleging that there is this expectation, because they're in their late 50s or early 60s, that they're being asked to leave for that unlawful reason."
"Japan can be directing very generally budgets, and numbers, and workforce size and the like, perfectly fine," Mr. Milani summed up. However, "to the extent Tokyo was involved in those day-to-day decisions" on local personnel matters, "it is running the risk of being named as a defendant and being subject to discovery here."
In the severance context, age discrimination waivers are subject to many detailed requirements, and "it's one area where those of us who are lawyers, those of you who may be lawyers or have human resources responsibility, are particularly vulnerable, because this is our responsibility to get this right. So please be aware of that; we're seeing a lot of litigation in that area," he concluded.
U.S. executive sues Mitsui for discrimination
An executive has sued Mitsui & Co , claiming the Japanese trading house's Mitsui USA unit discriminated against non-Japanese and non-Asian employees and dismissed him because of his age.
The lawsuit dated Feb. 5 seeking class action status in U.S. District Court in Manhattan said Andrew Van Etten, a former senior director at Mitsui USA was "unlawfully terminated" by the company in August 2006.
It said Mitsui discriminated against Van Etten, 46, "by denying him the same terms and conditions of employment available to younger employees" in violation of the Age Discrimination Employment Act of 1967.
Mitsui USA said in a statement that the lawsuit was "groundless" and that the company was "committed to maintaining a work environment free from unlawful discrimination."
It said Van Etten "was treated fairly throughout his employment and all decisions involving him were made for lawful and legitimate reasons."
The lawsuit said Van Etten, who was employed with the firm from 1988 in New York until his dismissal, filed a charge of discrimination with the Equal Employment Opportunity Commission in June 2007 and the EEOC granted him the right to sue in November last year.
"The employment policies and practices of Mitsui USA, under direction of Mitsui Japan, have the effect and have been undertaken with the purpose of denying promotional and management opportunities, equal compensation and equal terms and conditions of employment to qualified non-Japanese/non-Asians," the complaint said.
Van Etten's lawyer Kenneth Thompson said by telephone that "because he spoke out they fired him on trumped up charges. They said that five years earlier there were discrepancies in his expense reports even though the company acknowledged he performed outstanding work for them."
The case is Andrew Van Etten v Mitsui & Company (USA) Inc and Mitsuit & Company, Limited of Tokyo 09-1071 in U.S. District Court in Manhattan.
The lawsuit dated Feb. 5 seeking class action status in U.S. District Court in Manhattan said Andrew Van Etten, a former senior director at Mitsui USA was "unlawfully terminated" by the company in August 2006.
It said Mitsui discriminated against Van Etten, 46, "by denying him the same terms and conditions of employment available to younger employees" in violation of the Age Discrimination Employment Act of 1967.
Mitsui USA said in a statement that the lawsuit was "groundless" and that the company was "committed to maintaining a work environment free from unlawful discrimination."
It said Van Etten "was treated fairly throughout his employment and all decisions involving him were made for lawful and legitimate reasons."
The lawsuit said Van Etten, who was employed with the firm from 1988 in New York until his dismissal, filed a charge of discrimination with the Equal Employment Opportunity Commission in June 2007 and the EEOC granted him the right to sue in November last year.
"The employment policies and practices of Mitsui USA, under direction of Mitsui Japan, have the effect and have been undertaken with the purpose of denying promotional and management opportunities, equal compensation and equal terms and conditions of employment to qualified non-Japanese/non-Asians," the complaint said.
Van Etten's lawyer Kenneth Thompson said by telephone that "because he spoke out they fired him on trumped up charges. They said that five years earlier there were discrepancies in his expense reports even though the company acknowledged he performed outstanding work for them."
The case is Andrew Van Etten v Mitsui & Company (USA) Inc and Mitsuit & Company, Limited of Tokyo 09-1071 in U.S. District Court in Manhattan.
End job-related age discrimination
Older men have more experience, skill and motivation than younger ones, yet it is extremely difficult for them to find work -- any work. "Old age" is given as the main excuse. In fact, nine in 10 companies set an age limit of 40 for job seekers. Leaving these well-motivated and talented people out in the cold is a waste of human resources. They should be allowed to play an active role in society for as long as they are healthy.
As the white paper points out, there is a "growing need to build the kind of society in which people can work regardless of age." Re-employment will not only keep older men financially independent but also enable them to make continued use of their knowledge and experience. To make that possible, however, it is necessary to scrap some employment rules, such as arbitrary age limits. One step in this direction would be to enact legislation similar to the U.S. act banning age-related job discrimination. Such legislation is urgently needed as unemployment is expected to climb as the "no pain, no gain" economic reforms of Prime Minister Junichiro Koizumi's administration begin to bite.
An effective labor policy demands that full attention be paid to the 8-million-strong versatile "baby-boomer generation" -- the chief player in our aging society. Its continued involvement in the workplace and community is an essential condition for an elderly but vigorous society.
-Pei Luan
As the white paper points out, there is a "growing need to build the kind of society in which people can work regardless of age." Re-employment will not only keep older men financially independent but also enable them to make continued use of their knowledge and experience. To make that possible, however, it is necessary to scrap some employment rules, such as arbitrary age limits. One step in this direction would be to enact legislation similar to the U.S. act banning age-related job discrimination. Such legislation is urgently needed as unemployment is expected to climb as the "no pain, no gain" economic reforms of Prime Minister Junichiro Koizumi's administration begin to bite.
An effective labor policy demands that full attention be paid to the 8-million-strong versatile "baby-boomer generation" -- the chief player in our aging society. Its continued involvement in the workplace and community is an essential condition for an elderly but vigorous society.
-Pei Luan
Age Issue
Kaoru Sato is outraged.
She says she deserves to be admitted to Gunma University's medical school and that she has the entrance scores to prove it. She scored 561.5-10.3 points higher than the average passing score of 551.2.
Having done well on her written tests, she was nevertheless dumped in the screening process that also involved writing an essay and an interview.
Why? Sato thinks it's because of her age. She is 55.
Sato is now suing the university for discrimination, specifically "unjust treatment; disqualifying a candidate based on age." Sato filed the suit last month to request she be admitted. The university has declined to comment on the suit. An official would only say, "Things will be made clear at court." But the official did say: "(Sato) was not accepted because there was an exceptional flaw in her interview. ... Age was definitely not the reason."
But that's not what another official at the university told her, confidentially. Sato, a homemaker who had studied three years to pass the entrance exam, was crushed when she was notified that she wouldn't be accepted. When she first asked the university for an explanation, an official gave her a standard reply: "There is always a possibility that applicants are not accepted, if found extremely lacking in any of the screening processes, including the standardized University Testing Center Examination scores, individual written exams, essays, interviews or school records."
The official said that in Sato's case, "The decision was a comprehensive one." Sato asked whether it was her interview-not included in the revealed test scores-that was the reason for her non-admission. She was told that nothing could be revealed pertaining to candidate interviews. Sato persisted. According to Sato, she managed to draw out an explanation from the official in charge, who told her it was "only a private view." She was told: "National universities are tasked with the responsibility to educate, train and nurture doctors, who will be able to serve the community. The process takes many long years.
In your case, when we consider your age at graduation, there remains the question as to whether you would be able to serve the community, realistically speaking." In a roundabout way, it says the same thing on the university's Web site: "There is no age limit. Having said that, candidates should be well aware that the medical student is required to go through six years of course work, and then 10 years of ongoing training, including two years of clinical training as an intern, before establishing oneself as an active member of the medical community."
Age discrimination is not uncommon in Japan. Age limits can be found in various settings-when applying for jobs in both the government and private sectors, and for college entrance exams. There are also age limits for mandatory retirement and so on.
siok koon
She says she deserves to be admitted to Gunma University's medical school and that she has the entrance scores to prove it. She scored 561.5-10.3 points higher than the average passing score of 551.2.
Having done well on her written tests, she was nevertheless dumped in the screening process that also involved writing an essay and an interview.
Why? Sato thinks it's because of her age. She is 55.
Sato is now suing the university for discrimination, specifically "unjust treatment; disqualifying a candidate based on age." Sato filed the suit last month to request she be admitted. The university has declined to comment on the suit. An official would only say, "Things will be made clear at court." But the official did say: "(Sato) was not accepted because there was an exceptional flaw in her interview. ... Age was definitely not the reason."
But that's not what another official at the university told her, confidentially. Sato, a homemaker who had studied three years to pass the entrance exam, was crushed when she was notified that she wouldn't be accepted. When she first asked the university for an explanation, an official gave her a standard reply: "There is always a possibility that applicants are not accepted, if found extremely lacking in any of the screening processes, including the standardized University Testing Center Examination scores, individual written exams, essays, interviews or school records."
The official said that in Sato's case, "The decision was a comprehensive one." Sato asked whether it was her interview-not included in the revealed test scores-that was the reason for her non-admission. She was told that nothing could be revealed pertaining to candidate interviews. Sato persisted. According to Sato, she managed to draw out an explanation from the official in charge, who told her it was "only a private view." She was told: "National universities are tasked with the responsibility to educate, train and nurture doctors, who will be able to serve the community. The process takes many long years.
In your case, when we consider your age at graduation, there remains the question as to whether you would be able to serve the community, realistically speaking." In a roundabout way, it says the same thing on the university's Web site: "There is no age limit. Having said that, candidates should be well aware that the medical student is required to go through six years of course work, and then 10 years of ongoing training, including two years of clinical training as an intern, before establishing oneself as an active member of the medical community."
Age discrimination is not uncommon in Japan. Age limits can be found in various settings-when applying for jobs in both the government and private sectors, and for college entrance exams. There are also age limits for mandatory retirement and so on.
siok koon
Ageism saps Japan's work force; Discrimination unchallenged, even among U.S. companies.
After losing his full-time job at a shipbuilding company more than a decade ago, Hoji Fujita never got a second chance. Mr. Fujita took one part-time job after another to survive, but the older he became, the fewer opportunities he had, so he has had to live on the street for nine years.
"It can't be helped," he said with a vacant stare in the corner of an underground passage in Ikebukuro Station, where he often sleeps.
The station is a major Tokyo transfer hub where four private railroads meet.
Mr. Fujita is one of a growing number of Japanese who are victims of job-related age discrimination. Most companies in Japan, including American firms, set age limits on employment, and the practice goes unchallenged. Few political or business leaders have objected publicly to age discrimination.
The government and the press, two of the most influential institutions in society, have no qualms about age discrimination, and no laws prohibit it.
An official at one American insurance company said his firm finds it increasingly difficult to hire young people because of their decreasing numbers. At another American company, he said, only about 10 of the 1,500 employees are in their 20s. "
Japanese employees are concerned about their company's future, but Americans are not concerned at all," he said.
Many company officials acknowledge that age limits are a form of discrimination, but say they intend to continue the employment practice because laws do not forbid it.
One major American corporation explicitly said that it has no age limit, though its Web site noted one requirement for job applicants is to be younger than 30 or 35, depending on the type of work. A public relations official with the corporation said these are not age limits.
siok koon
"It can't be helped," he said with a vacant stare in the corner of an underground passage in Ikebukuro Station, where he often sleeps.
The station is a major Tokyo transfer hub where four private railroads meet.
Mr. Fujita is one of a growing number of Japanese who are victims of job-related age discrimination. Most companies in Japan, including American firms, set age limits on employment, and the practice goes unchallenged. Few political or business leaders have objected publicly to age discrimination.
The government and the press, two of the most influential institutions in society, have no qualms about age discrimination, and no laws prohibit it.
An official at one American insurance company said his firm finds it increasingly difficult to hire young people because of their decreasing numbers. At another American company, he said, only about 10 of the 1,500 employees are in their 20s. "
Japanese employees are concerned about their company's future, but Americans are not concerned at all," he said.
Many company officials acknowledge that age limits are a form of discrimination, but say they intend to continue the employment practice because laws do not forbid it.
One major American corporation explicitly said that it has no age limit, though its Web site noted one requirement for job applicants is to be younger than 30 or 35, depending on the type of work. A public relations official with the corporation said these are not age limits.
siok koon
The Japanese prime minister has asked two 80-something MPs not to stand in Japan's 2003 elections
The Japanese prime minister has asked two 80-something MPs not to stand in Japan's 2003 elections in an attempt to spruce up the ruling party's reformist credentials.
The move has sparked a row with one of the veterans, 85-year-old former Prime Minister Yasuhiro Nakasone, who said the request was rude and "a kind of political terrorism".
Mr Nakasone accused incumbent Prime Minister Junichiro Koizumi of age discrimination.
"If they give the impression that old people aren't needed, then all the old people in the country will oppose them," he said.
Japan's is one of the world's fastest-ageing societies, where age commands respect.
Mr Koizumi, however, wants to give the ruling Liberal Democratic Party (LDP) a more youthful complexion. He recently instituted a policy to encourage younger candidates for the LDP's proportional representation seats.
But the BBC's correspondent in Tokyo, Jonathan Head, says that as one of the most respected LDP members, Mr Nakasone assumed that even at the age of 85, he would be standing for parliament next month.
The former prime minister is best known for his friendship with Ronald Reagan in the 1980s.
"There is nothing more impolite than this... It was as if he threw a bomb at me all of a sudden," Mr Nakasone told a news conference.
On the other hand, former Prime Minister Kiichi Miyazawa, whom Mr Koizumi also asked to step down, agreed to bow out.
Several of the LDP's old guard have already been swept aside in the last cabinet re-shuffle.
Our correspondent says there was a time when the LDP old guard held all the power in the party but times have changed, and Mr Koizumi has already broken many party traditions.
Octogenarian politicians could be the next tradition to go.
The move has sparked a row with one of the veterans, 85-year-old former Prime Minister Yasuhiro Nakasone, who said the request was rude and "a kind of political terrorism".
Mr Nakasone accused incumbent Prime Minister Junichiro Koizumi of age discrimination.
"If they give the impression that old people aren't needed, then all the old people in the country will oppose them," he said.
Japan's is one of the world's fastest-ageing societies, where age commands respect.
Mr Koizumi, however, wants to give the ruling Liberal Democratic Party (LDP) a more youthful complexion. He recently instituted a policy to encourage younger candidates for the LDP's proportional representation seats.
But the BBC's correspondent in Tokyo, Jonathan Head, says that as one of the most respected LDP members, Mr Nakasone assumed that even at the age of 85, he would be standing for parliament next month.
The former prime minister is best known for his friendship with Ronald Reagan in the 1980s.
"There is nothing more impolite than this... It was as if he threw a bomb at me all of a sudden," Mr Nakasone told a news conference.
On the other hand, former Prime Minister Kiichi Miyazawa, whom Mr Koizumi also asked to step down, agreed to bow out.
Several of the LDP's old guard have already been swept aside in the last cabinet re-shuffle.
Our correspondent says there was a time when the LDP old guard held all the power in the party but times have changed, and Mr Koizumi has already broken many party traditions.
Octogenarian politicians could be the next tradition to go.
Middle-aged job seekers facing age discrimination
Tokuyuki Kudo, a 40-year-old former chemical engineer who lives in Osaka, has been unable to find full-time employment since leaving his old job at a chemical manufacturer 10 years ago. Kudo quit when the firm decided to indirectly fire him by forcing him to transfer.
After a spate of temporary and part-time jobs, Kudo found work as a security guard. However, his hours are irregular and the number of working days per month is decreasing as companies cut back on spending.
Kudo has sent out applications to numerous companies over the past decade, hoping to make good use of his experience as an engineer. He said he has been continually rejected because of his age.
"I was even told that I only had four months to go before turning 36," when applying for a position for which the maximum age was set at 35, Kudo said. "I was exactly at that age."
A nationwide poll by an affiliate of the Health, Labor and Welfare Ministry and released last March revealed that more than 90 percent of firms have an age limit for job applicants. The average cut-off age was 41.
Firms blamed the seniority wage system for creating a situation in which it is no longer economical to hire older workers. In response, the labor ministry revised the Employment Measures Law, making firms answerable to the government when they impose age limits on a job.
However, the law, which took effect in October, is not legally binding.
Of the nation's 3.37 million unemployed, 1.38 million are aged 45 or over. And many face age discrimination.
For some, the situation is darker still. With a family to support and loans to pay off, extended unemployment results in suicide.
According to the National Police Agency, there were more than 30,000 suicides in 2000, the third straight year the figure topped 30,000. Nearly 3,000 cases were attributed to financial hardship, up 5.3 percent from a year earlier.
siok koon
After a spate of temporary and part-time jobs, Kudo found work as a security guard. However, his hours are irregular and the number of working days per month is decreasing as companies cut back on spending.
Kudo has sent out applications to numerous companies over the past decade, hoping to make good use of his experience as an engineer. He said he has been continually rejected because of his age.
"I was even told that I only had four months to go before turning 36," when applying for a position for which the maximum age was set at 35, Kudo said. "I was exactly at that age."
A nationwide poll by an affiliate of the Health, Labor and Welfare Ministry and released last March revealed that more than 90 percent of firms have an age limit for job applicants. The average cut-off age was 41.
Firms blamed the seniority wage system for creating a situation in which it is no longer economical to hire older workers. In response, the labor ministry revised the Employment Measures Law, making firms answerable to the government when they impose age limits on a job.
However, the law, which took effect in October, is not legally binding.
Of the nation's 3.37 million unemployed, 1.38 million are aged 45 or over. And many face age discrimination.
For some, the situation is darker still. With a family to support and loans to pay off, extended unemployment results in suicide.
According to the National Police Agency, there were more than 30,000 suicides in 2000, the third straight year the figure topped 30,000. Nearly 3,000 cases were attributed to financial hardship, up 5.3 percent from a year earlier.
siok koon
Japan's Homeless Face Ageism
TOKYO — Living in a shack under Tokyo's elevated expressway, Hiroshi finds himself hitting an invisible wall — his age.
The stocky man in his early 50s, who declined to give his real name, started living on the street after losing his job as a forklift operator. Despite decades of experience in that job, he cannot get rehired.
"I apply for the position many times, but companies never look at my skill but only pay attention to my age," he says, shaking his head in wonder.
Hiroshi's experience is not unique. The number of homeless people in Japan is on the rise, and experts say that ingrained cultural attitudes about age are exacerbating the situation. The problem has become so prevalent that Doctors Without Borders — a nongovernmental health organization accustomed to missions in the poorest of nations — has sent staff to this hi-tech, high-rise capital.
In central Tokyo, the number of the homeless nearly doubled to about 6,000 in February 2003 from 3,200 five years ago. A first-ever nationwide survey found 25,296 homeless people in Japan. But the actual number of the homeless is much larger, insist those close to the issue.
- Pei Luan
The stocky man in his early 50s, who declined to give his real name, started living on the street after losing his job as a forklift operator. Despite decades of experience in that job, he cannot get rehired.
"I apply for the position many times, but companies never look at my skill but only pay attention to my age," he says, shaking his head in wonder.
Hiroshi's experience is not unique. The number of homeless people in Japan is on the rise, and experts say that ingrained cultural attitudes about age are exacerbating the situation. The problem has become so prevalent that Doctors Without Borders — a nongovernmental health organization accustomed to missions in the poorest of nations — has sent staff to this hi-tech, high-rise capital.
In central Tokyo, the number of the homeless nearly doubled to about 6,000 in February 2003 from 3,200 five years ago. A first-ever nationwide survey found 25,296 homeless people in Japan. But the actual number of the homeless is much larger, insist those close to the issue.
- Pei Luan
The Best Worst Paid Leave Policy
A Reuters story this morning deals with what is both one of the most liberal paid leave policies I have ever seen and also one of the most blatantly discriminatory.
Hime & Company, a Tokyo-based marketing firm, offers paid leave to employees who have a bad breakup, termed "heartache leave". While this is quite generous and one could argue that such a leave is often necessary to regain your composure, the terms are quite interesting. Employees 24 years old or younger only get one day off, those between 25 and 29 get two days off and those 30 or older get three days.
CEO Miki Hiradate explains the reason for these different policies: "Women in their 20s can find their next love quickly, but it's tougher for women in their 30s, and their break-ups tend to be more serious."
I won't go into the age discrimination implications for women over 40, because this story is from Japan and the odds of this happening in the US are virtually none (unless you work at Tribune, Co.--then all bets are off)
siok koon
Hime & Company, a Tokyo-based marketing firm, offers paid leave to employees who have a bad breakup, termed "heartache leave". While this is quite generous and one could argue that such a leave is often necessary to regain your composure, the terms are quite interesting. Employees 24 years old or younger only get one day off, those between 25 and 29 get two days off and those 30 or older get three days.
CEO Miki Hiradate explains the reason for these different policies: "Women in their 20s can find their next love quickly, but it's tougher for women in their 30s, and their break-ups tend to be more serious."
I won't go into the age discrimination implications for women over 40, because this story is from Japan and the odds of this happening in the US are virtually none (unless you work at Tribune, Co.--then all bets are off)
siok koon
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