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Min Jeong Lee, Bloomberg NewsThe employee after a court hearing in Osaka on July 14. Photographer: Noriko Hayashi/Bloomberg , Bloomberg(Bloomberg) --  Distributing handouts is an unusual way for executives to communicate with employees in the 21st century. The messages on some of Fuji Corp.’s materials were even more retrograde. One featured a screenshot from a nationalistic YouTube video with comments below, including one that read “Die zainichi,” a reference to second- and third-generation Koreans living in Japan. Several of the documents referred to Korean comfort women — women and girls trafficked for work in Japan’s military brothels during World War II — as “whores.” One employee in particular, a third-generation zainichi whose name has been withheld by Bloomberg and other media over concerns about future harassment, grew increasingly uncomfortable. She asked the Osaka home-builder to stop the leafleting. It didn’t and, in 2015, she sued.Japanese law doesn't have much precedent to punish racial discrimination. The country was the 145th party to the U.N. Convention on the Elimination of All Forms of Racial Discrimination in 1995, and the employee’s case holds that Fuji and its chairman, Mitsuo Imai, went against the international pact as well as the country’s own labor law. When Japan’s legislature, the Diet, passed the Hate Speech Act in 2016, the employee and her lawyers alleged that the language in the handouts also met the country’s new category of “unjust discriminatory speech and words.”A lower court ruled last year that Fuji had caused psychological harm but declined to characterize the leaflets as offensive to any particular employee. The company appealed, saying the handouts are for educational purposes and covered by Japan’s free-speech protections regardless. “These are reference materials that will allow employees to be aware of broad, global political trends,” Imai said in an email. “They do not contain hate speech.” The case, which is now before an Osaka high court, spotlights Japan’s longstanding and sometimes violent discomfort with its zainichi population and its growing immigrant communities in general. Years of strict immigration laws have maintained a level of homogeneity that's unusual among liberal democracies — the country is an estimated 98% ethnically Japanese — and it’s been largely insulated from the more global push toward diversity of all kinds in the workplace. But with an aging workforce and a still-stagnant economy, policy makers have softened on immigration. As more foreigners arrive, as many politicians hope they do, companies and communities may finally have to figure out how to make them feel welcome. “It feels like a huge problem that there’s no acknowledgement that foreigners have a livelihood here, that they’re not just workers but residents, entitled to human rights,” said Rika Lee, associate professor at the Faculty of Policy Studies at Chuo University in Tokyo. “That acknowledgement is part of the path to globalization, one that’s good for Japan and the Japanese people.” Immigration is a divisive issue in all of the world’s wealthy nations, and Japan is no exception. From 2000 to 2019, Japan registered a 48% increase in its immigrant population, according to United Nations data; roughly 10% of Tokyo twentysomethings are now foreign-born. The government continues to recruit foreign workers to fill skills gaps in the...
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Min Jeong Lee, Bloomberg NewsThe employee after a court hearing in Osaka on July 14. Photographer: Noriko Hayashi/Bloomberg , Bloomberg(Bloomberg) --  Distributing handouts is an unusual way for executives to communicate with employees in the 21st century. The messages on some of Fuji Corp.’s materials were even more retrograde. One featured a screenshot from a nationalistic YouTube video with comments below, including one that read “Die zainichi,” a reference to second- and third-generation Koreans living in Japan. Several of the documents referred to Korean comfort women — women and girls trafficked for work in Japan’s military brothels during World War II — as “whores.” One employee in particular, a third-generation zainichi whose name has been withheld by Bloomberg and other media over concerns about future harassment, grew increasingly uncomfortable. She asked the Osaka home-builder to stop the leafleting. It didn’t and, in 2015, she sued.Japanese law doesn't have much precedent to punish racial discrimination. The country was the 145th party to the U.N. Convention on the Elimination of All Forms of Racial Discrimination in 1995, and the employee’s case holds that Fuji and its chairman, Mitsuo Imai, went against the international pact as well as the country’s own labor law. When Japan’s legislature, the Diet, passed the Hate Speech Act in 2016, the employee and her lawyers alleged that the language in the handouts also met the country’s new category of “unjust discriminatory speech and words.”A lower court ruled last year that Fuji had caused psychological harm but declined to characterize the leaflets as offensive to any particular employee. The company appealed, saying the handouts are for educational purposes and covered by Japan’s free-speech protections regardless. “These are reference materials that will allow employees to be aware of broad, global political trends,” Imai said in an email. “They do not contain hate speech.” The case, which is now before an Osaka high court, spotlights Japan’s longstanding and sometimes violent discomfort with its zainichi population and its growing immigrant communities in general. Years of strict immigration laws have maintained a level of homogeneity that's unusual among liberal democracies — the country is an estimated 98% ethnically Japanese — and it’s been largely insulated from the more global push toward diversity of all kinds in the workplace. But with an aging workforce and a still-stagnant economy, policy makers have softened on immigration. As more foreigners arrive, as many politicians hope they do, companies and communities may finally have to figure out how to make them feel welcome. “It feels like a huge problem that there’s no acknowledgement that foreigners have a livelihood here, that they’re not just workers but residents, entitled to human rights,” said Rika Lee, associate professor at the Faculty of Policy Studies at Chuo University in Tokyo. “That acknowledgement is part of the path to globalization, one that’s good for Japan and the Japanese people.” Immigration is a divisive issue in all of the world’s wealthy nations, and Japan is no exception. From 2000 to 2019, Japan registered a 48% increase in its immigrant population, according to United Nations data; roughly 10% of Tokyo twentysomethings are now foreign-born. The government continues to recruit foreign workers to fill skills gaps in the...
PRESS