1992 年 7 巻 1 号 p. 13-22
The purpose of this paper is to explain the current issues associated with an ever growing controversy in the United States: Whether Japanese companies in the United States discriminate against U. S. citizens, in favor of their own expatriates. The first half of the paper will discuss some theories on why Japanese companies are singled out more so than other foreign or U. S. companies when employment discrimination is alleged. The second half of the paper will discuss the current U. S. discrimination laws that are applicable to foreign companies operating in the United States. The major issue surrounding these laws is the vagueness and uncertainty they have on the issue of whether a Japanese company can legally discriminate and hire a Japanese expatriate over a U. S. citizen. A conflict exists between Title VII of the Civil Rights Act of 1964 which prohibits discrimination and the U. S.-Japan Friendly Cooperation and Navigation treaty which permits Japanese companies to discriminate for certain executive and specialist positions. Unfortunately the U. S. courts have not resolve this conflict. The Japanese companies do not know what constitutes discrimination and what is legally allowed. As long as the discrimination laws that are applicable to Japanese companies are not clarified, these companies will be exposed to the risk of possibly violating U. S. discrimination laws. The consequences of these uncertainty can only result in more litigation cost for the Japanese companies and more importantly, an increase in anti-Japanese sentiments. Thus, it is important for the Japanese companies to avoid employment discrimination allegations. Unfortunately, the U. S. courts have not helped to further clarify what type of discrimination practice is acceptable.