Yes, I have been waiting for this one for 18 months.
As I’ve blogged previously, multinational companies in Japan that are “controlled” by an American parent are subject to U.S. civil rights laws. How Congress does this is make the American parent company responsible for the actions of its foreign affiliate.
I understood the law in 2008, and researched it heavily last year. I knew I was right, but the big multinational (has “International” in its name) had their hack attorney on payroll submit some argument to say “no”, that a company in Japan that is 100% owned (through other affiliates) by the American parent, that does business in Japan on behalf of the parent, that adopts common company standards set by the parent, and whose board members can be selected and removed by the parent, is somehow not controlled by the parent.
(You see why I am saying “hack”. What a waste of everyone’s time!)
The new charge investigator on the case e-mailed me to say that yes, a foreign affiliate like that is one that the American parent company must be accountable for concerning the civil rights laws. And so the EEOC is going to seek a proper response from the parent company.
I have my fingers crossed and so wish me luck.
[Update: I see in another situation that the EEOC is sending companies that message that they should start taking the Commission’s investigative subpoenas seriously, too. Federal Court Enforces EEOC Investigative Subpoena Against Bolingbrook Meat Processor ]