Harassment Consultation Center NewsVol. 25, November 2018

The second harassment refers to further harassment experienced as a result of reporting acase of harassment (victim blaming, etc.) Since those who don’t have the correct knowledge ofharassment may run the risk of becoming the perpetrators themselves, let’s raise ourawareness about harassment prevention in everyday life, even if we are not among theparties concerned in a dispute.

It is illogical to find fault with the victim by saying things like “Of course you got sexually harassed,
dressing like that.” It follows the same logic as a statement like “Of course you got mugged, wearing such a
fancy watch.”

The victim may worry that the incident they experienced will dealt with as if it never happened.

Responding in such a manner instead of offering aid to someone who has mustered the courage to speak
out will make them feel hopelessly abandoned.

Harassment is an issue concerning human rights, and at times may even be connected to crimes. It is acrime when a third party voluntarily disposes of materials that may become evidence in a criminal case(Article 104 of the Penal Code, Suppression of Evidence)

Though a current Cabinet minister has said that “sexual harassment is not a crime,” as behavior that inflicts
harm upon others, it has become a serious issue. Yes, it is true that there are no provisions related toharassment in the Penal Code. However, if an organization that receives a report of harassment doesnothing to deal with the matter, it may be criminally liable.

When nothing is done in response to reports of sexual harassment…
harassment…
It is a violation of the Equal Employment Opportunity Law
Article 11 Employers shall establish the necessary system to give advice to workers and cope with problems of workers, andtake other necessary measures in terms of employment management so that workers they employ do not suffer any
disadvantage in their working conditions depending on said workers' responses to sexual harassment in the workplace, or, in
their working environments, do not suffer any harm due to said sexual harassment.

When nothing is improved
improved or nothing is done in response to a case of maternity harassment…
harassment…
It is a violation of the Child Care and Family Care Leave Act
Article 23-2 Employers must not dismiss or otherwise treat a worker disadvantageously on the grounds that said worker files
an application pursuant to the provision of the preceding Article* or that measures are taken for said worker pursuant to theprovision of the same Article.

(*: Article 22. Measures related to Employment Management, etc.)

Legal Precedent (Example Case): A company that received a report of sexual harassment did not takethe necessary measures and the employer was held liable as a result.
A mentally disabled employee of a building management company complained to the company about an experience of sexualharassment. However, the boss merely carried out some simple questioning and then, without verifying the sexual harassment,
warned the perpetrator to avoid any behavior that may be misunderstood, while leaving the victim in the work environmentthat had led to the sexual harassment. Despite speaking with the parties in this case of sexual harassment, the company did
not dedicate themselves to a thorough investigation or take measures to support the victim, resulting in the company beingordered to pay 500,000 yen in damages to the victim in recognition of the company’s collective liability based on its
responsibility as an employer in accordance with Article 715 of the Civil Code, as well as 300,000 yen in damages in accordancewith Article 350 of the Companies Act for its own illegal activity by not adequately investigating the case.
(Claim for Damages Case, Osaka District Court, Jurist Vol. 1391 Page 80, 2009.10.16)

Civil Code, Article 715 (1) A person who employs others for a certain business shall be liable for damages inflicted on athird party by his/her employees with respect to the execution of that business; provided, however, that this shall not apply
if the employer exercised reasonable care in appointing the employee or in supervising the business, or if the damages
could not have been avoided even if he/she had exercised reasonable care. (2) A person who supervises the business onbehalf of the employer shall also assume the liability under the preceding paragraph.
NOTE: Failure to deal with a report of harassment itself may become the subject of a claim for damages.
Civil Code, Article 709 A person who has intentionally or negligently infringed any right of others, or legally protected interestof others, shall be liable to compensate any damages resulting in consequence.

First, be sure to give your full attention to what the employee has to say. If you neglect the issue or otherwise tryto explain it away with statements like “This is a common occurrence” or “In the past...,” you may be committing
second harassment. It is possible you may think “this might just be a misunderstanding,” however we recommendthat even if doubts are raised, do not immediately begin probing for facts and instead listen carefully from start tofinish before verifying the claims.

Also, keep in mind that spreading rumors like “It seems that XX-san is being harassed” also constitutes
behavior connected to second harassment. Be sure to confirm the appropriate scope of information sharing
always in accordance with the wishes of the employee. As to how it would be best to approach resolving the matter,
it is important to not unilaterally suggest a solution, but instead to listen to the wishes of the employee and thenwork together to come up with an answer.
When someone is harassed, it is not easy for them to discuss the matter with those around them and so there isa tendency for victims to become isolated. Do not stand idly by if you witness a scene or any speech or behavior
that seems like harassment; first, to support the victim, address them, and try listening to what they have to say.
Pretending not to see the harassment is itself a secondary act of harm, and runs the risk of heightening thevictim’s interpersonal distrust.

First, please come to the Nagoya University Harassment Consultation Center for counseling on the matter.
While of course we offer counseling to current university members, we also extend our services to alumni andformer employees. The measures we take in response to your case will vary depending on where the harassment
occurred and other factors. Rest assured that our center is staffed with counselors who specialize in harassment
counseling, and that we will not share any of your information without your consent. You can use our services
without worry.

On June 8, 2018, the International Labour Organization (ILO) adopted the resolution and proposedconclusions offered in the reports of the Standard-Setting Committee on “Violence and Harassment in theWorld of Work” during the 107th session of its International Labour Conference (ILC). It marks a significant
development for the adoption of new treaties and other international agreements in the future, and we canexpect similar developments for domestic legislation in Japan, a member nation.
The reports define “violence and harassment” as unacceptable behaviors or actions that cause physical, mental,sexual, or economic harm, expand the definition of “worker” to include “anyone working irrespective of theircontractual status,” and redefines “perpetrators and victims” to also include other parties like clients andcustomers. Also, it calls for member countries to adopt laws and ordinances to prohibit violence and harassment inwork environments.

To prevent harassment in its many forms, it is clear that we must treat it as both a societal andenvironmental problem and never allow ourselves to become bystanders in the future.

“What kind of society is a society wherewomen shine?”
NODA Seiko (House of Representatives)
13:00-14:00 on Thursday, December 20, 2018

Co-organized with the Center for Gender Equality

Power Harassment Prevention
Seminar for Working Women

Register here:

Location: Nagoya University Idea Stoa
National Innovation Complex (NIC), 1st Floor“Professor, that romance is sexual
harassment!”
MUTA Kazue● Both events are free (Max: 80 seats)● Registration is open until Friday, December 14th
NOTE: If you cannot scan the QR code, please provide your name, affiliation,and contact information to the contact listed below.

(Osaka University Graduate School Professor)
13:00-14:00 on Tuesday, December 25, 2018
Location: Nagoya University Idea Stoa
National Innovation Complex (NIC), 1st Floor

Nagoya University Harassment Consultation Center
School of Engineering Building 7, 2nd Floor of Tower B, FuroFuro-cho, ChikusaChikusa-ku, NagoyaNagoya-shi, 464464-8601

Hours of Operation (Mon-Fri, Excluding Holidays) 9:00-17:00
Tel: 052-789-5806 (Higashiyama) Fax: 052-789-5968 (Higashiyama)
E-mail: h-help@adm.nagoya-u.ac.jp (Higashiyama, Tsurumai, Daiko )http://www.sh-help.provost.nagoya-u.ac.jp★ (The satellite office at the Tsurumai Campus is open every Tuesday, while the Daiko office is open on the 2nd and 4th
Thursdays of each month)