JAPAN Law and Practice Contributed by: Hiroaki Matsui, Yukitsuna Takekoshi, Mari Ueki and Satoru Makino, AI-EI Law Firm
The government guidelines provide for two types of typical sexual harassment – ie, quid pro quo sexual harassment and hostile work environment sexual har - assment. In June 2025, an amendment to the Act on Equal Opportunity and Treatment Between Men and Women in Employment mandating employers to take neces - sary measures to prevent sexual harassment against job applicants was promulgated. The amendment is scheduled to enter into force by December 2026. 8.3 Other Forms of Discrimination and/ or Harassment Including Bullying and/or Mobbing The employer is obligated to take preventative meas - ures against harassment in relation to maternity, child - birth, childcare and nursing care (Article 9, paragraph 3 and Article 11-3 of the Act on Equal Opportunity and Treatment Between Men and Women in Employment, and Article 10 and Article 25, paragraph 1 of Act No 76 of 1991 – the “Act on Childcare Leave, Caregiver Leave, and Other Measures for the Welfare of Workers Caring for Children or Other Family Members”). In addition, the Guidelines issued by the Ministry of Health, Labour and Welfare (MHLW) clarify that har - assment towards same-sex individuals and/or gen - der minorities is included within the scope of sexual harassment, as referred to in 8.2 Sexual Harassment and/or Violence . Such harassment is known as “SOGI (sexual orientation, gender identity) Harassment”, and the employer should take preventative measures against it. Furthermore, the MHLW Guidelines make it clear that an “outing” or an unwilling disclosure of sexual orientation and gender identity is considered power harassment due to its nature as a violation of the right to personal privacy. Bullying and mobbing are considered “power harassment” in Japan, which the employer should take preventative measures against (Article 30-2, paragraph 1 of Act No 132 of 1966 – the “Act on Comprehensively Advancing Labour Meas - ures, and Stabilising the Employment of Workers, and Enriching Workers’ Vocational Lives”). Power harass - ment is defined as “behaviour in the workplace that is based on a superior relationship and exceeds the
necessary and reasonable scope of work, resulting in harm to the employee’s working environment”. The government guidelines provide an appropriate list for such preventative measures, and the employer must adopt such measures in the workplace. If the employer fails to take appropriate measures, it would constitute a breach of its duty of care and conse - quently expose it to legal risks. The above-mentioned Act was amended to expand employer obligations to take measures against “cus - tomer harassment”, which means abusive or unrea - sonable behaviour by customers toward employees. Employers are expected to set up complaint mecha - nisms, revise workplace rules and conduct preventa - tive training under the revised legislation. The amend - ment was promulgated in June 2025 and is scheduled to enter into force by December 2026. 8.4 Criminal Cases There are no specific procedures that the employer must follow if the allegation is also criminal in nature, but the employer may consider consulting with the appropriate authority, if necessary. For example, if a legal violation has been identified regarding criminal activity, corrective measures will be required and, depending on the circumstances, the employer will consider whether it will submit the criminal complaint and/or other report to the authorities. On the other hand, the employer should be careful to check the facts and evidence in order to avoid committing the offence of false accusation. In addition, reporting to the authorities may trigger an investigation, which can impose a significant burden on the company, create reputational risks and result in media exposure. The governmental authorities may not stop the investigation proceedings, even after the employer repeals the criminal complaint. Furthermore, the investigation may reveal facts that were previously unknown, potentially leading to unforeseen outcomes. In light of these considerations, it is advisable for the company to carefully determine whether to consult or report the matter to the authorities.
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