Consequences for whistleblowing against foreign company in the United States leaves Americans feeling helpless and without civil rights
(PRWEB) December 23, 2004 -- Recently, a Federal Judge in the United States District Court For The District of Hawaii granted a motion to dismiss" a lawsuit against Japan Airlines, citing a 1953 Friendship, Commerce, and Navigation (FCN) Treaty as the basis of his decision. The plaintiffs in the case (Civ No. 03-451 SPK-LEK) filed charges against the Japan based airlines, after their untimely termination resulted when they reported safety violations after several near fatal accidents. They believe they are the victims of retaliation for Whistleblowing.
In 1991, Japan Airlines (JAL") created an alter ego" corporation called Hawaii Aviation Contract Services (HACS"). There purpose was to hire (non-Japanese) flight crews to fly their passenger airplanes between Hawaii and Asia. For pay purposes", the flight crews are employees" of HACS, in reality employed by JAL. This illegal set-up shields JAL from the American Legal System, placing HACS, an American company, as the Scapegoat". This allows JAL to implement policies contrary to U.S. Civil Liberties.
For example, JAL allegedly is guilty of discriminating against American pilots for whistleblowing, and for age, race, and sex discrimination. HACS management indicated JAL did not want any black or women applicants considered for their hiring process. HACS has hired one black crewmember in 1992, and have yet to hire a woman! JAL is also accused of coercing American pilots to fly sick". That became apparent during several flights when an American pilot exhibiting obvious signs of illness, was instructed to fly, thereby risking the lives of hundreds of passengers. JAL management was advised not to allow this pilot to fly in such poor health. This young American pilot, pushed to the brink of exhaustion (if he wanted to upgrade to Captain) became incapacitated at the flight controls". Later, it was determined that pilot had brain cancer, and sadly he died as a result! The well-documented events surrounding his death were never investigated!
For Whistleblowing, JAL ordered the black crewmember to undergo unprecedented psychiatric evaluations. Though he was successfully cleared by (7) American Medical Doctors, JAL ordered him to Tokyo, to have their psychiatrists, who spoke little English, medically disqualify" him. Eventually, HACS terminated him for failure to maintain medical qualifications". Two other pilots, both 60-year-old Captains (Americans) terminated for age discrimination, and there are others, too many to mention here.
Reports were sent to over 20 U.S. Government Agencies, in return, only a few sympathetic letters declaring JAL is a foreign corporation, immune from U.S. Federal Statutes. They have written Hawaiis Governor, State Senators, Congressmen, the EEOC, NAACP, ACLU, FAA, OSHA, etc … and nothing! Hawaii has denied their rights for unemployment benefits, while local politicians will not even investigate the death of one of its own American pilots, an ex-Marine. Where is the American Justice for the American?
###
|
