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Gender Equality Bureau, Cabinet Office
6-1, Nagata-cho 1-chome, Chiyoda-ku, Tokyo, 100-8914 Japan

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April 1999 Ministerial Ordinances and Guidelines on the Amended Equal Employment Opportunity Law

On 13 March 1998, related ministerial ordinances and guidelines were published on the parts of the amended Equal Employment Opportunity Law (passed June 1997) which will go into effect in April 1999. The main content of these are as follows. Moreover, ministerial ordinances and guidelines related to health control measures for women employees during pregnancy and after childbirth (effective as of April 1998) were published in September 1998.

1. Prohibition of discrimination against women: the amended Equal Employment Opportunity Law prohibits discrimination against women in areas from recruitment and hiring through mandatory retirement age, retirement and dismissal. Under the recent amendments, not only the exclusion and disadvantageous treatment of women but also measures applied only to women or giving preference to women are prohibited in principle with a view to the discriminatory effect they have against women. Guidelines have been stipulated on these amendments which clarify the specific content of the discrimination prohibited against women in regard to recruitment, hiring, assignment, promotion and training. Examples of prohibited treatment indicated in the guidelines include the following:
   * Measures excluding women: recruitment of male university graduates only; women not assigned to sales;
   * Measures disadvantageous for women: positions only given to women commuting from their parents' home; examinations for promotion given only to men;
   * Measures applied only to women or giving preference to women: recruitment of female part-time staff, guest reception training for women only.
2. Prevention of sexual harassment in the workplace: Under the amended Equal Employment Opportunity Law, employers are required to give consideration in personnel management to the prevention of sexual harassment in the workplace, and guidelines stipulated on specific matters requiring consideration.
   (Matters which employers must consider:) Clarification of employer's stance and its publicity and enlightenment; counseling and complaint responses; prompt and appropriate responses in cases where sexual harassment has occurred in the workplace.
3. Abolition of restrictions on late-night work by women: With the abolition of regulations on late-night work by women under the Labour Standards Law, guidelines have been stipulated on the details of the kind of working environment which needs to be provided, where employers assign women employees to late-night work.
4. Restrictions on late-night work by workers engaged in child care or family care: Ministerial ordinances related to the range of workers who can request restricted assignment to late-night shifts and the procedures involved in making such requests have been stipulated, as have guidelines as to issues to which employers must give consideration in terms of restricted assignment to late-night work.