Hot Diggity Dog: ABC Files Discrimination Charge Against Kindy

Taiwan Discrimination in Taiwan
1

udn.com/NEWS/NATIONAL/NAT5/6550567.shtml

From Google Translation with some editing (actually, massive):

American-born Chinese Mr. Zhang, according to the (New Taipei City council committee’s) employment discrimination complaint, said he applied for a new foreign language teaching position in one of New Taipei’s private kindergartens. However, the kindergarten (rep) told him that parents like White foreign teachers and will not welcome Yellow foreign teachers. He was (thus) refused (by the kindy for) an interview. He believes he was “racial(ly discriminated)”.

New Taipei City council committee, (after investigating the employment discrimination complaint, determined that the practice is questionable and fined the kindergarten 300,000 NT as of yesterday. This is the first case of employment discrimination in New Taipei City because of “race” factor in employment).

The Director, (Gao Baohua) “Google translates 高 to ‘high’ when it’s actually the director’s last name, Gao”, said Zhang pointed out that (he grew up in the United States, is a native English speaker, and possesses qualified teaching license. But the English teaching candidate, who returned to Taiwan a few years ago, often ran into a wall due to [the employers’ requirements on “yellow race, yellow skin”]. Most employers prefer to hire “Whites without any teaching licenses/certificates/credentials”, completely ignoring licenses/credentials or work ability[should be experience here] in their decisions).

Mr. Zhang said (that he called a kindergarten in July and the kindy urged him to come for an interview quickly. However, when he informed the other party of his Chinese identity, the kindy immediately changed their mind and refused an interview. To his chagrin [why Google uses ‘bliss’ is beyond me], he filed a complaint with the Labour Bureau after calling to the kindy for the 2nd time and recorded the conversation).

[Here comes the cow manure part, folks]

(According to the kindy’s principal, the staff, in poor English [poor English my foot…Chinglish is more like it], responded to the applicant that “due to Kindy labor law, we cannot hire foreign teachers. Sorry.” which may have created some misunderstandings with the applicant).

[/cow manure]

(New Taipei City CC questions whether the kindergarten refused to grant an interview because of Kindy labor law against hiring foreigners. The kindy could have asked whether the applicant has either ROC nationality or the ability to work in Taiwan instead of answering “Parents like White people” and refusing to grant the interview. Thus, the “racial discrimination” ruling was established and the kindy was fined for the violation of the Employment Service Act.)

The brackets are really my corrections to Google translate…terrible to say the least.

Man, I should work as a translator :discodance:

2

From CNA:

[quote]School fined for discriminating against ethnic Chinese job seeker
2011-08-25 22:01:20

New Taipei City, Aug 25 (CNA) A kindergarten was fined NT$300,000 (US$10,334) Thursday by the New Taipei Labor Affairs Department for discrimination against an Chinese American job-seeker. 

The fine was imposed on the basis of a complaint lodged by a certified teacher surnamed Chang, who said the school had rejected him because of his ethnicity and preferred to hire a less-qualified Caucasian applicant. 

Chang said that when he called the school to inquire about the job, he was asked to come in for an interview, but when the school learned he was ethnic Chinese and not white, he was immediately turned down. 

It was not the first time he had had that experience, despite the fact that he is a native English speaker and a certified teacher, he said. 

Having recorded his telephone conversation with the employer at the kindergarten, he subsequently filed a complaint with the Labor Affairs Department, he said. 

The New Taipei Employment Discrimination Committee investigated and found that the employer had acted with bias. The school was fined NT$300,000, the minimum penalty for contravention of the country's labor laws against discrimination. 

Under Taiwan's labor laws, the fines for workplace discrimination can range from NT$300,000 to NT$1.5 million. 

According to labor officials, Article 46 of the Employment Services Act says it is illegal for kindergartens to hire foreign staff, but a foreigner can still be hired if he or she fits the conditions outlined in Article 48 and Article 51. 

The conditions in the two articles include permanent residence in the country, marriage to a Taiwanese spouse, having lineal relatives with registered residence, or refugee status, the officials said. 

Chang has lineal relatives living in the country and it is therefore not illegal for him to work as a kindergarten English teacher, they said.

(By Wang Hong-kuo, Huang Jin-gong and C.J. Lin)

[/quote]
focustaiwan.tw/ShowNews/WebNews_ … 1108250044
:ponder:

3

:ponder: …So…how much of that NT$300k fine goes to Mr. Chang/Zhang?

4

Probably zero/nada. He needs to sue them in court for restitution (press the little red button on the right side of the front entrance to Shilin District Court).

5

Mr.Zhang is my hero.

After all these years of discrimination, why hasn’t any other ABC done this before?

6

Who wants to be tied up in court and have a big black mark next to their name when it comes to getting a job?

I guess if someone had good savings, in country support and wanted to pick the impossible fight then it’s a good idea.

btw - I think it’s awesome but I wouldn’t be interested in taking one for the team. Although I’m not on this team persay.

7

While I am happy that a school has been punished for their folly, I am wondering about the ‘taped the phone conversation part’. Surely if a telephone conversation is recorded without the other party’s consent, it is inadmissable as evidence – or is that only in a criminal court?

Just a thought

Charlie Warth

8

Good for him.

9

I enjoyed this news. Not much will change though. Schools might just be a little bit more careful - telling staff not to tell applicants they were turned down because of their race. Still, it’s a step in the right direction.

10

[quote=“Tony the Tiger”]Mr.Zhang is my hero.

After all these years of discrimination, why hasn’t any other ABC done this before?[/quote]

Well if some of the money goes to the plaintiff then I have a new business plan :slight_smile:

I’m not sure what the law is in Taiwan, but in the US, it depends on the state. Some states require all parties to be notified that the conversation is being recorded while most states only require one-party to know.

11

  1. Please notice that he filed his complaint with an administrative agency (New Taipei Employment Discrimination Committee ), not a court. This is also what you should do for most employment disputes (i.e with your local labor bureau). You don’t need a lawyer. You just tell them your story and they investigate.

  2. Recorded conversations are often admissible in court and elsewhere if you are ‘protecting a lawful interest.’ Even if you don’t have the other party’s consent. Also, Taiwanese courts will admit anything. But this wasn’t a court.

  3. But you can also break the law if you are not protecting a legitimate interest. So be very careful and don’t record anyone. It’s risky.

12

WIll he possibly be able to make a civil case against them?

13

Restitution for money spent during interviews (transportation)…but that’s so meager that it’s probably not worth the effort.

14

Edit: I bumped a thread in the wrong forum… :blush:

Sent this over for a merge: [url=http://tw.forumosa.com/t/chinese-american-wins-kindergarten-bias-case/67029/1 wins kindergarten bias case[/url]

15

Well done!
It is about time this discrimination stops.
I hate when cram schools hire people on the basis of their skin colour and not their qualifications.
Ridiculous.

[quote=“PigBloodCake”]http://udn.com/NEWS/NATIONAL/NAT5/6550567.shtml

From Google Translation with some editing (actually, massive):

American-born Chinese Mr. Zhang, according to the (New Taipei City council committee’s) employment discrimination complaint, said he applied for a new foreign language teaching position in one of New Taipei’s private kindergartens. However, the kindergarten (rep) told him that parents like White foreign teachers and will not welcome Yellow foreign teachers. He was (thus) refused (by the kindy for) an interview. He believes he was “racial(ly discriminated)”.

New Taipei City council committee, (after investigating the employment discrimination complaint, determined that the practice is questionable and fined the kindergarten 300,000 NT as of yesterday. This is the first case of employment discrimination in New Taipei City because of “race” factor in employment).

The Director, (Gao Baohua) “Google translates 高 to ‘high’ when it’s actually the director’s last name, Gao”, said Zhang pointed out that (he grew up in the United States, is a native English speaker, and possesses qualified teaching license. But the English teaching candidate, who returned to Taiwan a few years ago, often ran into a wall due to [the employers’ requirements on “yellow race, yellow skin”]. Most employers prefer to hire “Whites without any teaching licenses/certificates/credentials”, completely ignoring licenses/credentials or work ability[should be experience here] in their decisions).

Mr. Zhang said (that he called a kindergarten in July and the kindy urged him to come for an interview quickly. However, when he informed the other party of his Chinese identity, the kindy immediately changed their mind and refused an interview. To his chagrin [why Google uses ‘bliss’ is beyond me], he filed a complaint with the Labour Bureau after calling to the kindy for the 2nd time and recorded the conversation).

[Here comes the cow manure part, folks]

(According to the kindy’s principal, the staff, in poor English [poor English my foot…Chinglish is more like it], responded to the applicant that “due to Kindy labor law, we cannot hire foreign teachers. Sorry.” which may have created some misunderstandings with the applicant).

[/cow manure]

(New Taipei City CC questions whether the kindergarten refused to grant an interview because of Kindy labor law against hiring foreigners. The kindy could have asked whether the applicant has either ROC nationality or the ability to work in Taiwan instead of answering “Parents like White people” and refusing to grant the interview. Thus, the “racial discrimination” ruling was established and the kindy was fined for the violation of the Employment Service Act.)

The brackets are really my corrections to Google translate…terrible to say the least.

Man, I should work as a translator :discodance:[/quote]

16

Mr. Zhang is already taking advantage of his race in applying for the job in the first place. Just another racket.

17

Umm…me no understand. He needs a job. He applies for a buxiban English teaching job thinking he’s a native English speaker. He got rejected cuz he looks like one of them. How is he taking advantage of this situation?

Enlighten me.

18

Umm…me no understand. He needs a job. He applies for a buxiban English teaching job thinking he’s a native English speaker. He got rejected cuz he looks like one of them. How is he taking advantage of this situation?

Enlighten me.[/quote]

Damn those Taiwanese. Trying to steal jobs from us foreigners. :whistle:

19

Umm…me no understand. He needs a job. He applies for a buxiban English teaching job thinking he’s a native English speaker. He got rejected cuz he looks like one of them. How is he taking advantage of this situation?

Enlighten me.[/quote]

Were he not ethnically Chinese he would need to be married to a local to be eligible for the job.

20

…I thought the problem was that BECAUSE he was ethnically Chinese, he wasn’t eligible for the job. And as an American and native English speaker, he’s still just as “ineligible” as the rest of us. As far as I’m concerned, race isn’t doing him any favors in this situation, so I’m having a little trouble understanding your logic.