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Discrimination and Harassment

Laws and policies addressing workplace discrimination and harassment, including gender equality and power harassment.

Sections

1. Legal Framework: Discrimination and Harassment in the Workplace

Japan has established laws and regulations to address workplace discrimination and harassment. These laws aim to protect workers' rights and ensure fair treatment, regardless of nationality, gender, or other personal attributes.

Key Laws and Regulations

  1. Labor Standards Act (ๅŠดๅƒๅŸบๆบ–ๆณ•):

    • Prohibits unfair treatment of workers and ensures equal pay for equal work.
    • Employers are required to provide a safe and healthy work environment.

  2. Equal Employment Opportunity Act (EEOA) (็”ทๅฅณ้›‡็”จๆฉŸไผšๅ‡็ญ‰ๆณ•):

    • Prohibits discrimination based on gender in recruitment, hiring, promotion, and working conditions.
    • Mandates employers to prevent sexual harassment and maternity harassment (harassment related to pregnancy or childbirth).

  3. Power Harassment Prevention Law (ใƒ‘ใƒฏใƒใƒฉ้˜ฒๆญขๆณ•):

    • Enacted in 2020 as part of the revised Labor Policy Comprehensive Promotion Act.
    • Defines "power harassment" (abuse of authority) and requires employers to take measures to prevent it.

  4. Immigration Control and Refugee Recognition Act (ๅ…ฅ็ฎกๆณ•):

    • Protects foreign workers from discrimination based on nationality or visa status.

  5. Act on the Promotion of Employment of Persons with Disabilities (้šœๅฎณ่€…้›‡็”จไฟƒ้€ฒๆณ•):

    • Prohibits discrimination against individuals with disabilities and mandates reasonable accommodations in the workplace.

  6. Hate Speech Act (ใƒ˜ใ‚คใƒˆใ‚นใƒ”ใƒผใƒ่งฃๆถˆๆณ•):

    • While not directly related to workplace discrimination, this law addresses hate speech and promotes respect for diversity, which can influence workplace culture.

2. Types of Workplace Discrimination and Harassment

Discrimination

  • Gender Discrimination: Unequal pay, lack of promotion opportunities, or unfair treatment based on gender.
  • Nationality Discrimination: Unequal treatment of foreign workers, such as lower wages or exclusion from benefits.
  • Age Discrimination: Bias against older workers or younger employees.
  • Disability Discrimination: Failure to provide reasonable accommodations or exclusion from employment opportunities.

Harassment

  • Sexual Harassment: Unwelcome sexual advances, comments, or behavior.
  • Power Harassment (ใƒ‘ใƒฏใƒใƒฉ): Abuse of authority, such as bullying, excessive criticism, or unreasonable demands.
  • Maternity Harassment (ใƒžใ‚ฟใƒใƒฉ): Discrimination or harassment related to pregnancy, childbirth, or childcare leave.
  • Moral Harassment: Psychological abuse, such as isolation or verbal abuse.

3. Reporting and Resolving Cases

If you experience discrimination or harassment in the workplace, there are several steps you can take to address the issue:

Step 1: Internal Reporting

  • Company Policies: Many companies in Japan have internal grievance procedures or compliance hotlines. Check your employee handbook or consult the HR department.
  • Documentation: Keep detailed records of incidents, including dates, times, locations, and any witnesses.

Step 2: External Reporting

If internal resolution is not possible or effective, you can escalate the issue to external organizations:

  1. Hello Work (ใƒใƒญใƒผใƒฏใƒผใ‚ฏ):

    • Government-run employment service centers that provide advice and support for workplace issues.
    • Services are free and available to both Japanese and foreign workers.

  2. Labor Standards Inspection Office (ๅŠดๅƒๅŸบๆบ–็›ฃ็ฃ็ฝฒ):

    • Oversees compliance with labor laws and investigates violations.
    • You can file a complaint if your employer violates labor laws.

  3. Equal Employment Office (็”ทๅฅณ้›‡็”จๆฉŸไผšๅ‡็ญ‰ๅฎค):

    • A division of the Ministry of Health, Labour and Welfare (MHLW) that handles gender discrimination and harassment cases.

  4. Human Rights Bureau (ไบบๆจฉๆ“่ญทๅฑ€):

    • Part of the Ministry of Justice, this bureau addresses human rights violations, including workplace discrimination.

  5. Labor Union Support:

    • If you are part of a labor union, they can provide legal support and negotiate with your employer on your behalf.

Step 3: Legal Action

  • If other methods fail, you can file a lawsuit in a Japanese court. Consult a labor lawyer for advice on how to proceed.

4. Costs Associated with Addressing Discrimination and Harassment

Free or Low-Cost Options

  • Hello Work and Labor Standards Inspection Offices provide free consultation and support.
  • Labor unions often offer free or low-cost legal assistance to members.

Legal Fees

  • Hiring a lawyer can cost between ยฅ10,000โ€“ยฅ50,000 per hour, depending on the complexity of the case.
  • Court filing fees are generally low but vary based on the amount of compensation sought.

Compensation

  • If successful, you may be awarded compensation for damages, lost wages, or emotional distress.

5. Cultural and Legal Considerations

Cultural Sensitivity

  • Hierarchy and Authority: Japanese workplaces often emphasize hierarchy and respect for authority. This can sometimes make it difficult for employees to report harassment or discrimination.
  • Group Harmony (ๅ’Œ - Wa): Japanese culture values group harmony, which may discourage individuals from speaking out to avoid conflict.
  • Indirect Communication: Complaints may be handled more subtly or indirectly compared to Western countries.

Legal Considerations

  • Burden of Proof: In harassment cases, the burden of proof often lies with the victim. Detailed documentation is crucial.
  • Language Barrier: Legal and administrative processes are often conducted in Japanese. Consider hiring a translator or bilingual lawyer if needed.
  • Visa Status: Foreign workers on specific visas (e.g., technical intern trainees) may feel vulnerable to retaliation. However, Japanese labor laws protect all workers, regardless of visa status.

6. Practical Tips for Visitors and Immigrants

  1. Know Your Rights: Familiarize yourself with Japanese labor laws and your employment contract.
  2. Join a Labor Union: Many unions in Japan accept foreign workers and provide support for workplace issues.
  3. Seek Support Networks: Connect with local NGOs or community groups that assist foreign workers.
  4. Learn Basic Japanese: While not mandatory, understanding basic Japanese can help you navigate workplace issues more effectively.
  5. Be Persistent: Resolving workplace issues in Japan can take time, but persistence and proper documentation can lead to successful outcomes.

7. Resources for Assistance

By understanding the legal framework, cultural nuances, and available resources, visitors and immigrants can better navigate issues related to discrimination and harassment in Japan. If you need further assistance, feel free to ask!