How Does Japanese Law Address Gender Equality in Employment, and What Are the Key Challenges for Achieving It in Corporate Japan?

Japanese Attorney at Law - Bengoshi L.L.

• 8 min read

Achieving gender equality in the workplace is a global imperative, recognized not only as a fundamental human right but also as a key driver of economic growth, innovation, and societal well-being. Japan, while having made legislative strides in this area, continues to face significant challenges in translating legal frameworks into substantive equality in its corporate sphere. This article examines the key Japanese laws addressing gender equality in employment, their alignment with international standards like the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), and the persistent hurdles and opportunities for companies operating in Japan.

International Commitments: CEDAW and its Influence

Japan ratified the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) in 1985. This landmark international treaty obligates States Parties to take all appropriate measures to eliminate discrimination against women in all fields, including employment. Key provisions of CEDAW relevant to employment (primarily Article 11) call for:

  • The right to work as an inalienable right of all human beings.
  • The right to the same employment opportunities, including the application of the same criteria for selection.
  • The right to free choice of profession and employment, the right to promotion, job security, and all benefits and conditions of service.
  • The right to equal remuneration, including benefits, and to equal treatment in respect of work of equal value, as well as equality of treatment in the evaluation of the quality of work.
  • The right to social security, particularly in cases of retirement, unemployment, sickness, invalidity, and old age, as well as other incapacity to work.
  • The right to protection of health and safety in working conditions, including the safeguarding of the function of reproduction.
  • Prohibition of dismissal on the grounds of pregnancy or maternity leave and discrimination in dismissals on the basis of marital status.
  • Introduction of maternity leave with pay or with comparable social benefits without loss of former employment, seniority, or social allowances.
  • Encouragement of the provision of necessary supporting social services to enable parents to combine family obligations with work responsibilities and participation in public life, particularly through promoting the establishment and development of a network of childcare facilities.

Japan's ratification of CEDAW was a significant catalyst for domestic legislative reforms, most notably the enactment of the Equal Employment Opportunity Act in 1985.

The Core Domestic Framework: The Equal Employment Opportunity Act (EEOL)

The Act on Securing, Etc. of Equal Opportunity and Treatment between Men and Women in Employment (男女雇用機会均等法 - Danjo Koyō Kikai Kintō Hō), commonly known as the Equal Employment Opportunity Act (EEOL), is the centerpiece of Japan's legal framework for gender equality in the workplace.

Enactment and Key Revisions:

  • 1985 Enactment: Originally enacted to coincide with CEDAW ratification, the initial version of the EEOL primarily encouraged employers to endeavor to provide equal opportunities, with direct prohibitions being limited.
  • 1997 Revision (Effective 1999): This was a major strengthening of the Act. It transformed many of the "endeavor" clauses into direct prohibitions against discrimination against women in areas such as recruitment, hiring, assignment, and promotion. It also introduced provisions requiring employers to take measures to prevent sexual harassment in the workplace.
  • 2006 Revision (Effective 2007): This revision further expanded protections. Notably, it prohibited discrimination against both men and women (making the law gender-neutral in its prohibitions), introduced prohibitions against certain forms of indirect discrimination (間接差別 - kansetsu sabetsu), and strengthened measures related to harassment concerning pregnancy and childbirth. This revision was partly in response to recommendations from the UN CEDAW Committee.
  • Subsequent Revisions: The EEOL has continued to be amended to address evolving workplace issues and to strengthen enforcement.

Key Provisions of the Current EEOL:

  1. Prohibition of Discrimination Based on Sex: The EEOL prohibits employers from discriminating against workers based on their sex in various stages of employment:
    • Recruitment and Hiring: (Article 5)
    • Assignment (including allocation of duties and authority), Promotion, Demotion, and Training: (Article 6, item 1)
    • Loans for housing and other similar benefits, and other welfare benefits as stipulated by Ordinance: (Article 6, item 2)
    • Change in Job Type and Employment Status: (Article 6, item 3)
    • Encouragement of Retirement, Mandatory Retirement, Dismissal, and Renewal of Labor Contract: (Article 6, item 4)
  2. Prohibition of Indirect Discrimination (Article 7): Employers are prohibited from implementing measures specified by Ordinance of the Ministry of Health, Labour and Welfare as having the potential to result in de facto gender discrimination, unless there are reasonable grounds for such measures in light of the nature of the duties or the circumstances of the business. Currently, these specified measures include:
    • Requirements related to height, weight, or physical strength for recruitment or hiring.
    • Requirements for job transfers involving relocation for recruitment, hiring, promotion, or change of job type.
  3. Prohibition of Disadvantageous Treatment Due to Pregnancy, Childbirth, etc. (Article 9): Employers are prohibited from dismissing or otherwise treating a female worker disadvantageously by reason of marriage, pregnancy, childbirth, requesting maternity leave, or having taken such leave.
  4. Measures Concerning Sexual Harassment (Article 11): Employers are obligated to establish necessary measures in terms of employment management to prevent sexual harassment in the workplace and to respond appropriately when it occurs. This includes establishing clear policies, providing consultation channels, and taking prompt action upon complaints.
  5. Measures Concerning Harassment Related to Pregnancy, Childbirth, Maternity Leave, etc. ("Maternity Harassment") (Article 11-3): Employers are also obligated to take necessary measures to prevent and address workplace harassment related to an employee's pregnancy, childbirth, use of childcare leave, or other family care related systems.
  6. Positive Action: While the EEOL does not mandate quotas, it encourages employers to voluntarily implement "positive action" measures to proactively address existing gender gaps in their workforce.
  7. Dispute Resolution: The Act provides for dispute resolution mechanisms, including assistance from the Directors of Prefectural Labor Bureaus, who can offer advice, guidance, recommendations, and conciliation.

Other Relevant Legislation Supporting Gender Equality

Beyond the EEOL, other laws play a crucial role:

  1. Labor Standards Act (LSA) (労働基準法 - Rōdō Kijun Hō):
    • Equal Pay Principle (Article 4): "An employer shall not engage in discriminatory treatment of a woman as compared with a man with respect to wages by reason of the woman being a woman." While seemingly clear, proving that wage disparities are solely "by reason of the woman being a woman" can be challenging in practice, especially when job titles or duties differ, even if subtly.
    • Maternity Protection: The LSA provides for maternity leave (6 weeks before childbirth, 8 weeks after), restrictions on dangerous and harmful work for pregnant women and recent mothers, and nursing time.
  2. Child Care and Family Care Leave Act (育児・介護休業法 - Ikuji Kaigo Kyūgyō Hō):
    • This Act provides employees (both male and female) with the right to take leave to care for young children or other family members.
    • It includes provisions for childcare leave (generally until the child reaches one year of age, extendable under certain conditions), family care leave, leave for nursing sick children, and obligations for employers to implement measures such as shortened working hours for employees with young children.
    • Despite the availability of paternity leave, its uptake by male employees in Japan remains very low, which is a significant factor perpetuating traditional gender roles in childcare.
  3. Act on Promotion of Women's Participation and Advancement in the Workplace (女性活躍推進法 - Josei Katsuyaku Suishin Hō):
    • Enacted in 2015 and subsequently revised, this Act aims to accelerate the promotion of women in the workforce.
    • It requires national and local governments, as well as private enterprises with 101 or more employees (previously 301 or more), to:
      • Assess their own situation regarding the participation and advancement of female employees.
      • Formulate and publicize action plans with voluntary numerical targets (e.g., for the ratio of female hires, percentage of women in managerial positions).
      • Publicly disclose information relevant to women's participation.
    • While the targets are voluntary, the disclosure requirements aim to create transparency and encourage companies to take proactive steps.

Persistent Challenges to Gender Equality in Corporate Japan

Despite these legal frameworks, Japan continues to face significant challenges in achieving substantive gender equality in employment:

  1. Underrepresentation of Women in Leadership: Japan consistently ranks low among developed countries in the proportion of women in managerial positions, executive roles, and on corporate boards. This "glass ceiling" remains a major impediment.
  2. Significant Gender Wage Gap: A substantial gap in average earnings between men and women persists. This is attributed to various factors, including differences in employment types (more women in non-regular or part-time roles), shorter average tenure for women (often due to career interruptions for family reasons), and slower promotion rates.
  3. Pervasive Long Working Hours Culture: Japan's traditionally long working hours and expectations of extensive overtime can make it difficult for employees, particularly women who often bear a disproportionate share of family responsibilities, to balance work and family life.
  4. Deep-Rooted Gender Role Stereotypes: Traditional societal norms and expectations regarding the roles of men (as primary breadwinners) and women (as primary caregivers) continue to influence career choices, workplace attitudes, and the division of household labor.
  5. "Maternity Penalty" and Career Interruptions: Women often face a "maternity penalty," where their careers stagnate or are sidetracked after taking childcare leave. The availability of flexible and high-quality childcare, and support for returning to work, are crucial but sometimes insufficient.
  6. Low Uptake of Paternity Leave: Although legally entitled, the rate of men taking paternity leave is extremely low. This reinforces the burden on women for childcare and hinders a more equitable sharing of family responsibilities.
  7. Effectiveness of Legal Enforcement: Challenges exist in the practical enforcement of equality laws. Proving discrimination can be difficult, dispute resolution processes can be lengthy, and the remedies available may not always be sufficient to deter discriminatory practices.
  8. Persistence of Harassment: Despite legal obligations on employers to prevent it, sexual harassment and "maternity harassment" (disadvantageous treatment or harassment related to pregnancy, childbirth, or use of family-friendly leave) remain issues in some Japanese workplaces.

Strategies for Companies to Promote Genuine Gender Equality

For both Japanese companies and multinational corporations operating in Japan, moving beyond mere legal compliance towards fostering genuine gender equality requires a multifaceted and sustained commitment:

  1. Strong and Visible Leadership Commitment: Top executives must clearly articulate the strategic importance of gender equality and diversity, set the tone for an inclusive culture, and hold managers accountable for progress.
  2. Data-Driven Goal Setting and Monitoring: Collect and analyze data on gender representation at all levels, pay equity, promotion rates, and employee satisfaction. Use this data to set measurable targets and track progress, as encouraged by the Act on Promotion of Women's Participation.
  3. Reforming Recruitment, Evaluation, and Promotion Systems:
    • Implement bias-free recruitment and hiring practices (e.g., gender-neutral job descriptions, diverse interview panels, structured interviews).
    • Ensure performance evaluation and promotion criteria are transparent, objective, and free from gender bias. Review traditional career path assumptions.
  4. Fostering Work-Life Balance for All:
    • Actively promote and normalize flexible work arrangements (telework, flextime, compressed workweeks).
    • Challenge the culture of long working hours and focus on productivity rather than "face time."
    • Strongly encourage and support male employees in taking paternity leave and actively participating in childcare.
  5. Investing in Women's Career Development:
    • Provide mentorship, sponsorship, and leadership development programs specifically for female employees.
    • Create clear pathways for career advancement for women returning from childcare leave.
  6. Addressing Unconscious Bias and Workplace Culture:
    • Conduct regular unconscious bias training for all employees, particularly managers.
    • Actively work to dismantle gender stereotypes and promote a workplace culture where diverse working styles are valued.
  7. Robust Anti-Harassment Measures: Implement comprehensive policies, accessible reporting channels, and prompt and fair investigation procedures for all forms of harassment. Foster a "speak-up" culture.
  8. Transparency and Reporting: Publicly report on gender diversity metrics and initiatives, demonstrating accountability and commitment.

Conclusion

Japan has established a foundational legal framework to address gender equality in employment, significantly influenced by international standards such as CEDAW and evolving through domestic legislative efforts like the EEOL and the Act on Promotion of Women's Participation. These laws prohibit various forms of discrimination and mandate measures to prevent harassment and support work-life balance.

However, persistent challenges remain in corporate Japan, including a notable gender gap in leadership and pay, and cultural norms that can impede women's career progression. Achieving substantive gender equality requires more than legal enactments; it demands a concerted effort from companies to transform their internal cultures, systems, and practices. By embracing diversity and inclusion as strategic imperatives, businesses in Japan can not only meet their legal and ethical obligations but also unlock the full potential of their workforce, drive innovation, and enhance their competitiveness in the global economy.