ABSTRACT
Anti-discrimination regulations in employment have existed in Japan since 1947. However, until very recently, their use has been narrowly applied and the prohibited grounds were also limited. Discrimination on the grounds of a worker's creed has not been prohibited in the process of recruitment and hiring. Sexual orientation, for instance, has not yet been added as a prohibited ground. In companies with dual career tracks, one track for workers aiming for higher-grade jobs and another track for those not seeking advancement, most women have chosen the latter lower-grade career track. When women have chosen the higher track, many are subsequently urged to retire for maternity or family reasons. Such practices have caused an uneven detrimental effect on the career development of women. Nevertheless, most practices would not be considered unlawful under the current concept of indirect discrimination.
In order to overcome these limitations a number of issues need to be addressed. Many of the issues stem from the work style of the Japanese. Regular workers have traditionally worked hard to support their families, their employment starting and ending with one particular company. During this period of employment, they are required to be loyal to the company, which includes changes of work location at the companies’ behest. In such a system, employees form a kind of community and tend to share common unitary values. Thus, people with unusual characteristics are shunned from these company communities. The dual career track system screens out people not anticipated to work hard to become members of the company community. It seems that discriminatory practices have been considered as justifiable for distinctions based on differences in workers’ preferences and actions.
However, recently, a new trend has been developing. Those with disabilities are now covered under anti-discrimination legislation and companies are required to accommodate them. Maternity discrimination is also under close scrutiny and employers should cautiously accommodate women's needs. Companies must check whether female employees actively participate in vocational life and publish some information with regard to female employees’ situations. To this extent, companies cannot justify their practices as “distinctions based on differences”. Such proactive regulations seem to have gained general support in the midst Japan's declining birthrate.
