Japan
Overview
Please review the information below and then return to the workplace harassment prevention course.
Harassment and discrimination based on a protected characteristic are prohibited under national law. National law also provides employees protection from bullying by a person in a superior role.
Applicable Laws
The primary national laws prohibiting employment discrimination and harassment on the basis of specific protected characteristics are:
- The Labour Standards Act
- The Equal Opportunity Act
- The Child Care and Nursing Care Act
- The Employment Measures Act (1966)
- The Act on the Promotion of Employment of Persons with Disabilities (1960) and
- The Labour Union Act
Employers in Japan are required to take appropriate measures to prevent sexual harassment and workplace bullying, including abuse arising from power imbalances or superior relationships.
Protected Characteristics
Harassment or discrimination based on any characteristic set forth below is prohibited in Japan.
- Nationality
- Creed
- Social status
- Sex
- Use of child care or nursing care leave
- Age
- Disability
- Labour union membership or activity
Definitions
Sexual Harassment
Sexual harassment is defined as acts in the workplace that cause an employee to suffer disadvantages in their working conditions or harm to their work environment due to sexual conduct, and the employee’s response to such sexual conduct.
Power Harassment
Power harassment is defined as behaviour in the workplace that is based on a superior relationship and exceeds the necessary and reasonable scope of work, resulting in harm to the employee’s working environment.
The Ministry of Health, Labour and Welfare identifies six categories:
- Physical abuse
- Psychological abuse (e.g., threats, insults, defamation)
- Social isolation (exclusion, ignoring)
- Excessive demands
- Insufficient assignments / underutilization
- Invasion of privacy
Filing a Claim in Japan
A claim for employment discrimination or harassment may be brought by filing a petition with the labor tribunal in the appropriate jurisdiction or a civil suit in the appropriate court.
The Ministry of Health, Labour and Welfare also provides support and resolution services as to discrimination claims made by foreign workers in Japan.
Potential Remedies
In Japan, an employee who has experienced workplace discrimination or harassment may be entitled to monetary and other remedies. An employer may be required to take certain actions to correct or redress discriminatory harassment or violations of workplace safety standards. Potential remedies are listed below.
- A judgment that the discriminatory action is null and void
- Compensation for damages
- Cease and desist orders
Retaliation Prohibited
Employer retaliation against an employee who files a complaint relating to discrimination or harassment or is involved in the complaint process is unlawful.