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Prohibition of 'indirect discrimination' stipulated in a government panel report

The Ministry of Health, Labor and Welfare's Labor Policy Council on December 27, 2005 submitted to the Minister a report calling for the prohibition of "indirect discrimination." The report will be the basis of amendments to the Law for Equal Employment Opportunity of Men and Women planned for 2006.

"Indirect discrimination" is a condition of employment made by a corporation, which in itself has nothing to do with the sex of an employee, but leads, in effect, to disadvantages for women.

Workers and the National Confederation of Trade Unions (Zenroren) have been demanding the prohibition of the practice.

Nonetheless, the policy adopted in the panel report is insufficient in light of workers' expectations.

Firstly, the prohibition applies to only three criteria: height, weight or physical strength at the time of application or hiring, requirement of willingness to transfer anywhere nationwide to be considered for the main career track at the time of application or hiring, and requirement of the willingness to transfer to obtain a promotion. Workers are saying that application of the ban should not be limited to these three cases. They are demanding that the three cases only be cited as examples.

In addition, if one of the requirements is regarded as necessary to perform the job, it is not defined as "indirect discrimination" and will not be prohibited.

The draft report did not refer to improvement of wages or working conditions of part-timers and temporary workers in which women account for more than 50 percent. Nor did it refer to the establishment of consultation services or aid agencies, or penalties for violations.
- Akahata, December 28, 2005