Message-ID: <31171398.1075863723723.JavaMail.evans@thyme> Date: Mon, 26 Jun 2000 08:05:00 -0700 (PDT) From: michelle.cash@enron.com To: twanda.sweet@enron.com Subject: RE: Enron and PDI Japan Mime-Version: 1.0 Content-Type: text/plain; charset=us-ascii Content-Transfer-Encoding: 7bit X-From: Michelle Cash X-To: Twanda Sweet X-cc: X-bcc: X-Folder: \Michelle_Cash_Dec2000\Notes Folders\Sent X-Origin: Cash-M X-FileName: mcash.nsf Twanda, please print this and file in Japan file. Thanks a lot. MHC ------------------------------------------------------------------------------ --------------------------- Michelle Cash Enron North America Corp. 1400 Smith Street, EB 3823 Houston, Texas 77002 (713) 853-6401 michelle.cash@enron.com This message may contain confidential information that is protected by the attorney-client and/or work product privileges. ----- Forwarded by Michelle Cash/HOU/ECT on 06/26/2000 03:05 PM ----- Paul.TYO.Davis@BakerNet.com 05/19/2000 11:53 PM To: Paul.TYO.Davis@BakerNet.com, John.Viverito@enron.com, Phillip.-SYDNEY-.Taylor@enron.com cc: Alan.Aronowitz@enron.com, Michelle.Cash@enron.com, Hideo.Ohta@BAKERNET.com Subject: RE: Enron and PDI Japan John This note is to confirm our recent telephone conversation. There are no rules restricting the use of such testing in Japan and it is becoming more common. However, it is still likely to viewed askance by potential employees above a certain level, e.g. those being hired as director, or because of their standing in the business community. This is probably the same as for similar level employees in other countries. Regards Paul Davis/Hideo Ohta -----Original Message----- From: Davis, Paul Sent: Monday, May 15, 2000 5:21 PM To: 'John.Viverito@enron.com'; Phillip.-SYDNEY-.Taylor@enron.com; Davis, Paul Cc: Alan.Aronowitz@enron.com; Michelle.Cash@enron.com Subject: RE: Enron and PDI Japan John Our team does not know the answer off hand but we will check and come back in a couple of days. Regards Paul Davis -----Original Message----- From: John.Viverito@enron.com [mailto:John.Viverito@enron.com] Sent: Saturday, May 13, 2000 1:30 AM To: Phillip.-SYDNEY-.Taylor@enron.com; Paul.TYO.Davis@BakerNet.com Cc: Alan.Aronowitz@enron.com; Michelle.Cash@enron.com Subject: Re: Enron and PDI Japan Phil- I have raised the issue of testing with Michelle Cash, an ENA labor lawyer, whose comments and queries are set forth below, for your review. Please reply to Michelle's specific queries in paragraph 3 of her e-mail. Paul- Following your review of the attached e-mail traffic, please provide us with the Japanese legal perspective on undertaking these types of activities. Also, based on your experience, inform us as to how testing of this nature may be perceived in the Japanese market. Best regards, John ----- Forwarded by John Viverito/Corp/Enron on 05/12/2000 11:13 AM ----- Michelle Cash@ECT To: John Viverito/Corp/Enron@ENRON 05/12/2000 cc: Alan Aronowitz/HOU/ECT@ECT 10:59 AM Subject: Re: Enron and PDI Japan(Document link: John Viverito) John, Thanks for including me on the distribution of this -- I received your voice mail and was glad to be in the loop. In general, we try to avoid any type of personality/psych testing because of issues relating to the Americans with Disabilities Act, which prohibits pre-employment medical testing. It does apply to US citizens working for Enron in foreign locations (i.e. extraterritorially). Before we go forward and do this type of testing, it is useful to ascertain the purpose/goal of the tests. Why do they want this information? Is there another, less intrusive, way to obtain that information (e.g., references from prior employers, etc.)? As noted below, there may be Japanese labor/employment law issues that address this type of activity as well. I suggest that we obtain the information above as well as the opinion requested below and then determine how to proceed. Michelle John Viverito@ENRO To: Michelle Cash/HOU/ECT@ECT N cc: Alan Aronowitz/HOU/ECT@ECT 05/11/2000 Subject: Enron and PDI Japan 02:44 PM Michelle- Pursuant to my voicemail, I am forwarding the attached e-mail traffic for your consideration. I am unsure as to the types of testing contemplated, but want to ensure that such activities are permitted under Enron's policy. Your comments on the attached agreement would also be appreciated. Thanks, John ----- Forwarded by John Viverito/Corp/Enron on 05/11/2000 02:36 PM ----- Phillip -SYDNEY- To: John Viverito@Enron Taylor@ENRON_D cc: EVELOPMENT Subject: Enron and PDI Japan 05/10/2000 05:13 PM Hi John Enron will be using PDI in Tokyo for candidate abilities testing prior to employment. The outcome of the testing is a confidential report that comes to me (as HR) and I then send to the participant(s) in the recruitment decision making process for their confidential consumption. PDI have agreed to me doing this via email, however are seeking some reassurance as to our use of and maintenance of confidentiality of the final product. Can you review the attached and come back to me with your thoughts? I would also appreciate a local (Japan) opinion on the legal issues associated with abilities/psych testing prior to employment (I know you guys shy away from it in the US although it is quite widely accepted "down under"). Thanks and regards Phil ---------------------- Forwarded by Phillip -SYDNEY- Taylor/ENRON_DEVELOPMENT on 11/05/2000 09:12 --------------------------- "Jack, Douglas" on 10/05/2000 21:09:41 To: "'Phillip.-SYDNEY-.Taylor@enron.com'" cc: "Matsushita, Mayumi" Subject: RE: Enron and PDI Japan Phil, With the e-mail transmission (using .pdf files), we'll need you or someone else in Enron to sign a document similar to the attached letter. Please read it and let me know if you want to make any changes before we fill in all the details. Thanks very much, Douglas (See attached file: emailrelease.doc)