## [7] Equal Employment and Child Welfare

## Measures to Ensure Equal Opportunity and Treatment between Males and Females in Employment

## Overview

Outline of Measures to Ensure Equal Opportunity and Treatment between Males and Females in Employment

The Equal Employment Opportunity Act prohibits discrimination against workers on the basis of gender in terms of recruitment, employment, assignment, promotion, demotion, training, certain fringe benefits, change in job type and employment status, encouragement of retirement, mandatory retirement age, dismissal, and renewal of the labor contract. The Act also prohibits indirect discrimination and disadvantageous treatment on the basis of pregnancy or childbirth, etc.

The Equal Employment Offices of the Prefectural Labour Bureau provide administrative guidance to enterprises in order to ensure full compliance with the Equal Employment Opportunity Act. The Offices also respond to consultations from workers, etc. by providing advice, guidance, and recommendation in the name of the director-general of the office and by helping them settle conflicts individually through conciliation at the Equal Opportunity Conciliation Conference.

## Points of the Equal Employment Opportunity Act

## Prohibition of Discrimination on the Basis of Sex

○ Prohibition of discrimination on the basis of sex at each stage of employment management (Articles 5 and 6)
• Gender discrimination shall be prohibited in recruitment, employment, assignment (including allocation of duties and grant of authority), promotion, demotion, training, specified welfare program, change in job type and employment status, encouragement of retirement, mandatory retirement age, dismissal, and renewal of the labour contract
○ Prohibition on indirect discrimination (Article 7)
• Taking measures which apply a criterion concerning a person's condition other than the person's sex, and which is specified by Ordinance of the Ministry of Health, Labour and Welfare as measures that may cause a virtual discrimination by reason of a person's sex is prohibited except in a case where there is a legitimate reason to take such measures.
[Measures specified by Ordinance of MHLW]
○ To require workers' height, weight, and physically strength when recruiting and employing workers
○ Requiring changing residences as a condition for recruitment, employment, promotion, or change in job type of workers
○ To require experience of transfer when promoting workers
* Although acts other than those specified by ministerial ordinances do not constitute violation of the Equal Employment Opportunity Act, they may possibly judged as indirect discrimination in trial.
○ Special provisions of measures pertaining to female workers (Article 8)
• While prohibiting discriminatory treatment in principle due to sex, employers are not precluded from taking measures toward females only with the purpose of removing difference actually existing between males and females in employment.

#### Prohibition, etc. of Disadvantageous Treatment by Reason of Marriage, Pregnancy, Childbirth, etc. (Article 9)

• Prohibition on stipulating marriage, pregnancy, or childbirth as a reason for retirement of women workers

• Prohibition on dismissal due to marriage

• Prohibition on dismissal or give disadvantageous treatment by the reasons of pregnancy, childbirth, acquisition of maternity leave, or other reasons provided by ministerial ordinance of MHLW.

• Dismissal of women workers who are pregnant or in the first year after childbirth shall be void unless the employers prove that dismissals are not by reasons of pregnancy, etc.

## Measures concerning sexual harassment (Article 11)

• Obligating employers to take necessary measures in terms of employment management to prevent sexual harassment in the workplaces

## Measures for maternal health management (Articles 12, 13)

• Obligating employers to secure the necessary time off so that pregnant or female workers, during pregnancy or after childbirth, may receive the health guidance and medical examinations and necessary measures to enable the female workers to comply with the directions they receive based on the health guidance and medical examinations.