Equal Employment Opportunity Law (Japan)

The Equal Employment Opportunity Law (男女雇用機会均等法, Danjo Koyō Kikai Kintō Hō), officially known as the Act on Securing, Etc. of Equal Opportunity and Treatment between Men and Women in Employment, is a Japanese law aimed at promoting gender equality in the workplace. First enacted in 1972 and substantially revised several times since, its primary goal is to eliminate discrimination against women in employment, encompassing recruitment, hiring, job assignment, promotion, training, retirement, and dismissal.

The Law prohibits direct discrimination based on sex in all aspects of employment. It also addresses indirect discrimination, where seemingly neutral practices disproportionately disadvantage one gender. Further, the law addresses issues related to sexual harassment and maternity harassment (matahara), requiring employers to take preventative measures and address complaints.

Significant revisions to the law have strengthened its provisions over time. Amendments have expanded the scope of prohibited discrimination and enhanced enforcement mechanisms. The law places a duty on employers to actively promote equal opportunity and take steps to address gender inequality in their workplaces. Employers are expected to create work environments that are conducive to both men and women, allowing them to fully utilize their abilities.

Enforcement is primarily overseen by the Ministry of Health, Labour and Welfare (MHLW), which provides guidance to employers and investigates complaints of discrimination. The MHLW can issue administrative guidance to employers found to be in violation of the law. While the law does not impose direct monetary penalties in all cases, repeated or serious violations can lead to negative publicity and reputational damage. Furthermore, legal action can be pursued by individuals who believe they have been discriminated against, seeking remedies such as reinstatement or compensation.

While the Equal Employment Opportunity Law has played a significant role in advancing gender equality in Japan, challenges remain. Issues such as the gender pay gap, under-representation of women in leadership positions, and societal expectations regarding work-life balance continue to be areas of concern. Further reforms and a concerted effort from both employers and the government are necessary to achieve true gender equality in the Japanese workplace.