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Guidelines Concerning Matters for Employers' Consideration from the
Viewpoint of Employment Management with Regard to Problems Caused by Sexual
Speech and Behavior in the Workplace (Ministry of Labour Notice No. 20
of March 13, 1998)
1. Introduction
In order to secure equal opportunity and treatment between
men and women in employment, it is necessary to prevent the occurrence
of situations in which women workers suffer any disadvantage in their
working conditions by reason of their response to sexual speech or behavior
in the workplace or in which their working environments suffer any harm
due to said sexual speech or behavior (such situations are hereinafter
referred to as “Sexual Harassment in the Workplace”).
Under present conditions, however, neither employers nor workers fully
understand the substance of Sexual Harassment in the Workplace, and few
employers have taken measures to prevent it. Further, since Sexual Harassment
in the Workplace involves a variety of situations and circumstances, when
employers give consideration from the viewpoint of employment management
to preventing Sexual Harassment in the Workplace, it is important that
they take the most appropriate measures according to the relevant situation
and circumstances.
Based on these considerations, these guidelines set forth the substance
of Sexual Harassment in the Workplace and determine the matters for employers'
consideration from the viewpoint of employment management.
2. Substance of Sexual Harassment in the Workplace
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(1) |
Sexual Harassment in the Workplace consists
of two types: the type in which women workers suffer a disadvantage
in their working conditions by reason of said women workers' response
to sexual speech or behavior in the workplace (hereinafter referred
to as “Sexual Harassment of the Quid Pro Quo Type”), and
the type in which women workers' working environments suffer harm
due to said sexual speech or behavior (hereinafter referred to as
“Sexual Harassment of the Environmental Type”).
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(2) |
“The workplace” refers to any
place at which a worker who is employed by an employer performs work,
including any place other than that where said worker normally works
at which said worker performs work. For example, a client's office,
or a restaurant used for the purpose of consultation with a client,
or a customer's home falls within the scope of “the workplace”
if it is a place at which said worker performs work.
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(3) |
“Sexual speech or behavior”
refers to speech having content of a sexual nature or conduct of a
sexual nature. “Speech having content of a sexual nature”
includes, but is not limited to, inquiring about facts of a sexual
nature, and deliberate circulation of information having content of
a sexual nature. “Conduct of a sexual nature” includes,
but is not limited to, unwelcome sexual advances, unnecessary physical
contact, and distribution of indecent pictures.
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(4) |
“Sexual Harassment of the Quid Pro
Quo Type” refers to a woman worker suffering any disadvantage
such as dismissal, demotion, or reduction of pay by reason of said
woman worker's response to sexual speech or behavior that occurs against
her will in the workplace. Sexual Harassment of the Quid Pro Quo Type
involves a variety of situations, but the following are typical examples: |
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(a) |
an employer makes sexual advances in the office to a woman worker
but is refused, and by reason of this rejection he dismisses said
woman worker; |
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(b) |
a superior touches a woman worker's hips, breasts, and other body
areas in a vehicle during a business trip but she resists, and by
reason of this resistance he has said woman worker reassigned disadvantageously;
and |
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(c) |
an employer has, in the place of business, repeatedly made public
comments of a sexual nature about a woman worker but she protests,
and by reason of this protest he demotes said woman worker.
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(5) |
“Sexual Harassment of the Environmental
Type” refers to a woman worker suffering a serious adverse effect
on the exercise of her abilities or otherwise being impeded in her
work to a significant degree because said woman worker's working environment
has become unpleasant due to sexual speech or behavior that occurs
against her will in the workplace. Sexual Harassment of the Environment
Type involves a variety of situations, but the following are typical
examples: |
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(a) |
due to the fact that an employer has repeatedly touched the hips,
breasts, and other body areas of a woman worker in the office, said
woman worker is distressed and her will to work has diminished; |
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(b) |
due to the fact that a co-worker has deliberately and continually
circulated among clients information of a sexual nature referring
to a woman worker, said woman worker is distressed and is unable to
perform her work; and |
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(c) |
due to the fact that a nude poster is displayed in the office despite
protests by a woman worker, said woman worker is distressed and is
unable to concentrate on her work. |
3. Matters for Consideration from the Viewpoint of Employment Management
In order to prevent Sexual Harassment in the Workplace,
employers shall give consideration from the viewpoint of employment management
to the following matters.
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(1) |
Creation of a clear policy by the employer,
making said policy known, and providing related education
Employers shall give consideration to creating a clear policy regarding
Sexual Harassment in the Workplace, making said policy known to workers,
and providing education related to said policy.
Examples deemed to constitute consideration of creating a clear policy,
making said policy known, and providing related education: |
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(a) |
publishing and distributing items concerning Sexual Harassment in
the Workplace in printed materials, etc., for the purpose of public
relations or education, such as in-house magazines, pamphlets, etc.; |
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(b) |
publishing and distributing or displaying items concerning Sexual
Harassment in the Workplace in documents which prescribe service regulations; |
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(c) |
making provision in the work regulations for items concerning Sexual
Harassment in the Workplace; and |
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(d) |
implementing training, lectures, etc., for workers to increase awareness
concerning Sexual Harassment in the Workplace. |
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Further, in making an employer's policy
known to workers and providing related education, it is important
to increase workers' understanding of the causes and background of
the occurrence of Sexual Harassment in the Workplace in order to make
prevention more effective.
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(2) |
Response to consultations and complaints
Employers shall give consideration to establishing a clear channel
for responding to consultations and complaints. Further, employers
shall give consideration to responding to consultations and complaints
appropriately and flexibly according to the particular contents and
situation.
Examples deemed to constitute consideration of establishing a clear
channel for responding to consultations and complaints: |
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(a) |
assigning a person in advance to be in charge of responding
to consultations and complaints; and |
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(b) |
establishing a process for handling complaints.
Examples deemed to constitute consideration of responding to consultations
and complaints appropriately and flexibly according to the particular
contents and situation: |
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(a) |
taking steps, through liaison with the personnel department and
similar measures, to facilitate responses when consultations and complaints
are received; and |
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(b) |
responding based on a manual prepared in advance when consultations
and complaints are received. |
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Further, it is necessary that employers
respond to consultations and complaints not only in cases where Sexual
Harassment in the Workplace has actually occurred, but also in cases
where there is a danger of its occurrence, and in cases where it is
not immediately clear whether the situation fits the definition of
Sexual Harassment in the Workplace.
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(3) |
Prompt and appropriate response after the
fact in cases where Sexual Harassment in the Workplace has occurred
Employers shall give consideration to promptly and accurately ascertaining
the relevant facts of the case in the event that Sexual Harassment
in the Workplace has occurred. Further, employers shall give consideration
to handling said case in the proper manner.
Examples deemed to constitute consideration of promptly and accurately
ascertaining the relevant facts: |
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(a) |
ascertaining of the relevant facts by the person in charge of responding
to consultations and complaints; |
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(b) |
ascertaining of the relevant facts directly by the personnel department;
and |
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(c) |
ascertaining of the relevant facts by a committee established for
that purpose, while maintaining liaison with the person in charge
of responding to consultations and complaints.
Examples deemed to constitute consideration of handling cases in the
proper manner: |
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(a) |
taking employment management measures, such as reassignment, in
accordance with the contents and circumstances of the case; and |
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(b) |
taking measures based on the work regulations. |
4. Others
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(1) |
Because information about women workers and other persons with respect
to Sexual Harassment in the Workplace is a matter of the personal
privacy of said women workers and other persons, it is necessary that
employers take particular care to protect such information and that
they make it known to all women workers and other persons concerned
that care will be taken in this regard.
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(2) |
It is necessary that employers take particular care that women workers
who bring consultations or make complaints, etc., relating to Sexual
Harassment in the Workplace are not treated disadvantageously by reason
of having done so, and that employers make it known to all women workers
that care will be taken in this regard. |
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