Job Discussion Forums

[osakajojo]

My Japanese wife's boss crossed the line Friday night. At a dinner that none of the employees wanted to go to but all felt obliged, he told her in front of the other employees that she should divorce me or quit because all of the successful designers in the world are single. OK.
but then he suggested that she sleep with the customer that they were treating to dinner-again in front of everybody.
She just told me that throughout the year he makes comments like "you are so beautiful" and stuff like that that is borderline harrassment, but not quite, Friday night I believe he crossed the line.
The idiot boss went on to humiliate her general manager as well in front of everybody, telling him that he is lucky he still has a job, working at the Osaka branch, that he has done for a year now, with his wife and kid living in Tokyo, where he originally worked.
This guy bullied everyone into going to diner with him so that he could force them to drink sake and humiliate them.
Anyone know what steps can be made, if any to put this creep in his place?

[king kakipi]

Anyone know what steps can be made, if any to put this creep in his place?

No.

My J wife's boss J boss bombarded my wife with questions about her personal life when she worked there. He also said that if she married me and left the company he would kill himself. Luckily she did, but he didn't......

Console your wife with the knowledge that at least she doesn't have a sexist husband.

Good luck[/quote]

[shuize]

[PAULH]

By OTANI, Kyoko
Lawyer

Anytime, anywhere, by anyone
Sexual harassment can be described as "a situation that disadvantages or deteriorates the social environment through verbal or physical conduct of a sexual nature against the will of another party." Sexual harassment includes behavior reflecting sexual desire or intent, such as sex-related jokes and touching, as well as gender-based discriminatory conduct or remarks from the social and cultural milieu, for example, forcing women to "make a tea."

In the work environment, sexual harassment means that men who do not consider women as equal partners use their position to force sexual relations upon women, as well as the uses of unethical tricks to eliminate their female rivals.

At universities, professors sometime consider their students as sexual objects. This happens not only at universities, but also at high schools and, on occasion, at elementary and junior high schools where students are often unaware of the sexual acts and incapable of resistance. Even children with disabilities occasionally fall victims to the sexual desires of others.

The daily nursing relationship at welfare facilities may create a relationship of ruling and ruled. These facilities are closed societies, even more so than schools, and the occurrence of sexual abuse tends to remain hidden unless willfully brought to the surface. New ideas and greater efforts are urgently needed to protect the sexual freedom of the disabled.

Sexual harassment by police officers also appears as a form of harassment by public authority arising from power relationships. Inside police stations where suspects are interrogated, witnesses are questioned, and criminals are arrested, police officers can verbally humiliate suspects through unwelcome sexual remarks and conduct unrelated to the case, or act indecently taking advantage of an officer's overwhelmingly dominant position. Recently, police stations have begun to include female police officers in their investigations and interrogations in order to prevent sexual harassment from happening.

When a person is arrested in Japan, the individual is detained in a detention room within the police station. The number of detention rooms for women is limited, however, and female suspects are monitored 24 hours a day by male wardens. In this situation, obscene acts by the monitoring officer while female suspects are bathing actually occur. In order to prevent situations like this from occurring, it is essential to increase the number of female wardens and to use appropriate detection centers instead of detention rooms within a police station.

What sexual harassment violates

First, sexual harassment violates sexual freedom and the victim's right of sexual self-determination. At the same time, sexual harassment violates various rights and interests, such as the right to work and the freedom to learn, depending on where the harassment occurs. Sexual relationships are fundamental relationships in human society, and it is no exaggeration to say that decision-making freedom in this regard determines the quality of society. People cannot be free in a society where forced, violent sexual relations are overlooked.

Whether in a workplace or university setting, the dignity and privacy of each individual must be observed. Remarking on the physical shape or sexual activities of an individual violates the dignity (or their feelings) of the individual.

Repeatedly asking about a person's body size (breast, waist, hips) or private life, needless to say, violates that person's privacy. Peeking into a change room or washroom not only violates privacy but is also a minor criminal offence.

Sexual harassment at educational institutions also destroys sound learning opportunities as well as restricting the freedom of students to study and to conduct research. Victims are generally in a weaker position as they study under the supervision of a teacher, and damage tends to be more serious.

Recovery from damage and compensation

In order to recover from damage, first, when sexual harassment occurs, any disadvantage or discomfort must be quickly removed, and continuation of work or study prior to the harassment guaranteed. If a victim suffers disadvantages as a result of sexual harassment, the victim is entitled to demand restitution. How much compensation is paid in these cases? The amount of compensation is determined by factors that include degree of action, degree of maliciousness, number of occurrences, period of occurrences, relationship between the assailant and the victim, position, and measures taken after settling the problem. Based on past judicial precedents, the compensation amount is usually several 100,000 yen (about USD 770) for cases of verbal harassment, and from several 100,000 yen to less than two million yen for cases involving obscene acts such as touching. Compensation of several million yen is often approved in the case of rape.

In order to prevent sexual harassment

1. People should learn
People should sincerely learn when the other party is hurt or feels discomfort without jumping to conclusions based on predetermined ideas. To this end, companies and schools must actively hold educational seminars to raise awareness.

2. Be aware that the other party has their own standards, too
The important issue is how the other party reacts to physical advances or remarks. If you push your feelings or standards on someone else, you are a potential sexual harasser.

3. Say "no" clearly
People must be aware of the need to clearly say "no" to the other party. People must become used to saying a small "no" to prevent having to say a big "no."

4. Create an environment where people can say "no"
The important issue is not simply the responsibility of the individual to refuse, but to create an environment and atmosphere where people can freely say no.

5. Presence of someone to discuss the problem with, or establish a consultation counter
Companies and schools must create an appropriate environment to allow people to consult freely, for example, establishing a counter to listen to complaints and grievances. Consultation should be done in privacy, with staff well trained and learned assigned to this position.

6. Do not resolve the problem internally
It is essential to use an external organization or to hire external help such as a lawyer to mediate problems. An ongoing ombudsman system should be introduced for institutions such as schools and welfare facilities, which tend to be closed societies.

7. Apologize quickly and accept punishment resolutely
Apologies from the assailant must be made as soon as possible. Victims often cannot accept the fact that the assailant lives a normal life while the victim suffers physical/psychological pain severely.

8. Eliminate discrimination and establish a new partnership
Why does sexual harassment occur? Understanding this aspect is the first step, as well as creating the ultimate method, in preventing sexual harassment.

First, people still have fixed ideas about role sharing in Japan, that is, "a man works, and a woman stays home."

Second, gender-based role sharing has created a social structure in which men hold the power and women support the men. The workplace and school remain areas where men dominate and hold important positions and power.

Third, even in this situation, some women work actively and display their abilities. But some men do not compete fairly with these women, as they advance the idea of male superiority, which continues to be recognized in society, attempt to drive women out of the workplace, and look down on women.

In short, the very root of sexual harassment is found in a man's contempt for and discrimination against women, and expressed in terms of sexual behavior and remarks. The only way to eliminate sexual harassment is to realize a society where men and women are equals without discrimination, and work and learn and live harmoniously together.

Present situation of sexual harassment countermeasures in Japan

In Japan, "Article 21 of the Equal Opportunity Law" stipulates that company management should take measures against sexual harassment, and the Minister of Health and Labor has drawn up guidelines (Sexual Harassment Prevention Guideline) on the items considered necessary to prevent sexual harassment from occurring in the workplace.

Local governments are playing leading roles in combating sexual harassment and are incorporating sexual harassment prevention clauses in their employment regulations, or conducting employee training to learn about sexual harassment.

OTANI, Kyoko: Born in 1950. Graduated from Waseda University, Faculty of law. 1978: Registered as a lawyer, belongs the Second Tokyo Bar Association. Part-time lecturer at Japan Women's University and Tokyo Women's Christian University. Chairman of the Kita-ward Citizens' Conference to Promote the Azalea Plan. Chairman of the Conference to Promote Equality between Men and Women in Higashi Kurume City. Publications are Sexual harassment no nai sekai e (edited by the Tokyo Women's Foundation, Yuhikaku, 2000), co-author of Haken Horitsu Counseling (Yuhikaku, 1991), co-author of Wakai Josei no Horitsu Guide (Yuhikaku, 1998), Shikeijiken Bengonin (1999, Sososha).

WOM has been working on the initiative Japanese Women Now in order to provide information about contemporary legal/social environment surrounding Japanese women. It is our hope that information on this page help readers gain further understandings on gender issues in Japan.

Authors of articles contributed to this initiative are active and knowledgeable members of the respective fields of selected topics. The contents are based on the fact available as of late 2001, when these articles were written. The original Japanese articles are also available on our Japanese Home Page.

Topics selected in this initiative are: Domestic Violence, Compulsory Selection of a Family Name for a Married Couple, Elderly Care and Women, Women and Work, Sexual Harassment in Working Place, Sexual Harassment on Campus, Equal Employment Opportunity Law, Single Mothering, Child Abuse, Women and Medical Care, and Reproductive Health/Rights. ===?GO to Index

This initiative was made possible by the grant from Asian Women's Fund.

[osakajojo]

PaulH you are great. I am sitting here listening to my wife talk about how she was trying to quite her job, her manager and coworkers took her out tonight to talk her into staying, I looked at the first two messages and read them to her, refreshed the page and there is your long article. the wife laughed alot, cheers!

[PAULH]

[PAULH]

Caused by Sexual Speech and Behavior in the Workplace

Article 21. Employers shall give necessary consideration from the viewpoint of employment management so that women workers they employ do not suffer any disadvantage in their working conditions by reason of said women workers' responses to sexual speech and behavior in the workplace and their working environments do not suffer any harm due to said sexual speech and behavior.
2. The Minister of Health, Labour and Welfare shall formulate guidelines with regard to the matters for employers'consideration based on the provisions of the preceding paragraph (referred to as "Guidelines" in the following paragraph).
3. The provisions of Article 4, paragraphs 4 and 5 shall apply mutatis mutandis to the formulation and amendment of the Guidelines. In these cases, the phrase "shall consult the Labour Policy Council and shall request the opinions of the prefectural governors" contained in Article 4, paragraph 4 shall be read as "shall consult the Labour Policy Council."

[shuize]

More power to you if you want to file suit. Don't expect lawyers to work for free though. And while the law may be on your side, it's often an uphill battle to even get a case to court -- that being the difference between the nicely worded principles of the legal code and the reality of legal practice.

Who knows though, if your wife is considering leaving anyway, she might not have anything to lose and the threat of a lawsuit in itself might be enough to encourage the boss to straighten up.

Then again, I think I still like my original idea better.

[osakajojo]

she has mentioned that the guy has been taken to court a few times before and has won everytime
I mentioned it to her and she says
quote "he is kinda yakuza and might hire a hitman for me"

there is one guy that still works for him tha lost to him in court that suffered a broken jaw and still works for the company

well that is what I am told....who knows.

[bearcat]

Next time there's one of those nomikai's, get her to bring along a male(gay) prostiture or some guy willing enough to play the part. Have them hit on the guy all night, pecks on the cheek etc etc. Make sure to take lots of keitai pics.

Post said pics around the office anonymously and to the home office about how he likes to spend company money for "fun".

That should curtail em.

[Brooks]

exactly. And have the guy say FOOOOOO!

[Big John Stud]

[quote="osakajojo"]PaulH you are great. I am sitting here listening to my wife talk about how she was trying to quite her job, her manager and coworkers took her out tonight to talk her into staying, I looked at the first two messages and read them to her, refreshed the page and there is your long article. the wife laughed alot, cheers![/quote]

Do you mean she is trying quite hard at her job and so that is why her coworkers are trying to talk her into staying? If so that is a tuff situation. I wouldn't want my wife working for such a person. But I do believe in letting people be free to decide for themselves. If you force her to quit she would eventually resent you, specially if she is trying quite hard at her job!

[sethness]

In America & Canada, sexual harrassment is illegal and you can easily sue your employer.

Not so in Japan. Here, sadly, it's commonplace and tolerated at a level that we Westerners consider outrageous.

Your wife's employer's comments about "all the successful designers are single" may in part be based on his fear that-- like many married women (in Japan)-- your wife may soon quit work permanently & go off to raise kids and be barefoot-in-the-kitchen.

Women working in Japan also face a lot of sexual harrassment in the form of a) "glass ceilings", b) salaries that don't mach the salaries of male workers, and of course c) having the boss hit on you, sober or drunk.

Although this already sounds strange, it gets stranger.

Business in Japan is quite often conducted at "nomikai"... after-hours drinking parties. These are approximately equivalent to business lunches in America, except that everyone gets extremely drunk.

So, while we Westerners are outraged by all this, in Japan it's commonplace.

Complaining at work also has the opposite effect from what we Westerners would expect. Westerners tend to think that things don't improve unless we push... "The squeaky wheel gets the grease". In Japan, on the other hand, people who complain or suggest improvements are viewed as selfish whiners or as selfish glory-grabbers.

So...your wife is caught in a cultural problem. If she complains publicly, her career in that office is finito. The boss will hate her, and so will her co-workers.

Her best option might be to confront him privately, while he's sober, in a non-threatening manner. Make him see that your wife is deeply bothered by this behaviour, but still happy to be working at that office. The boss may simply need a wake-up call to the fact that your wife and her culture are DIFFERENT from his.

[Big John Stud]

Well put sethness

I know for a fact many of what sethness wrote is fact. His advice is sound. make sure to confront her boss in a completely non-threatening manner. In fact, make it friendly.

[allyismycopilot]

That's a tough situation to be in... not only for your wife but for you as well. Innately as men we have this need to protective and stand up for our wives but some situations tie you down.

I've been in a similar situation and all I wanted to do is go and put my wife's boss in the ground but that would have landed me locked up and probably got her fired. In the end I finally convinced her to quit which was difficult because despite the harassment she thought it was a great job.

It's a very, very frustrating situation to be in. Unfortunately it seems like one where there is no easy answer.[/img]