Gross Ames

With the 1985 passage of the Equal Employment Opportunity Law (EEOL), Japan appeared to be moving to gender equality in the workplace. In fact, the law actually proved ineffective in combating gender bias. However, a new step has now been taken with the heavily revised EEOL of April 2007. The new law requires significantly greater compliance than the old, voluntary version. In another important change, the new law calls for equal treatment of both genders, as opposed to protecting only women.<br /><br /><br /><strong> Emergence of a "Toothless Law       </strong><br />The initial 1985 EEOL came into existence under mounting international pressure during the United Nations Decade for Women (1976 -1985). The EEOL regulated employers' discriminatory practices against women in the following five categories: (1) recruitment and hiring; (2) assignment and promotion; (3) training; (4) fringe benefits; and (5) mandatory retirement age, resignation, and dismissal. <br /><br />However, this law was frequently depicted as a "toothless lion. Its language was extremely relaxed, imposing no sanctions against discrimination, merely a "duty to endeavor not to discriminate. In practice, compliance was entirely voluntary. The law's powerlessness elicited harsh criticism over its two decades of operation. Also, the law addressed only discrimination against women. <br /><br /><br /><strong>Revised Law</strong><br />       The revised EEOL went into effect on April 1, 2007. Notable changes include the following: <br /><br />       (1) Prohibiting discrimination against both men and women;<br /><br />(2) Prohibiting "indirect discrimination (that is, employment practices that appear neutral but are effectively discriminatory, such as setting standards for height, weight, or physical strength, or requiring a prospective employee to agree to possible nationwide transfers, which is difficult for women with families to accept); <br /><br />(3) Prohibiting discriminatory practices against pregnant women or mothers with newborns, such as wage cuts, demotion, retirement, disadvantageous contract modification, or changing from regular employment to part-time employment status; <br /><br />(4) Prohibiting sexual harassment against both men and women, and requiring employers to take affirmative steps to prevent sexual harassment. <br /><br />(5) Setting out concrete penalties for violation of its provisions, including public disclosure of noncompliant companies.<br /><br />Item (4) above on sexual harassment is having a particular impact on HR management in Japan, since it puts an obligation on employers to combat sexual harassment with proactive measures. <br /><br />Japan first introduced sexual harassment guidelines in 1997, encouraging employers to create a workplace free of harassment. The new EEOL, more stringent than these guidelines, requires employers to prevent and correct sexual harassment. Their duties under the law include: <br /><br />"       establishing an internal complaint procedure<br /><br />"       promptly and fully investigating allegations and taking remedial action<br /><br />"       guarding aggrieved individuals from retaliation or invasion of privacy; and <br /><br />"       actively preventing sexual harassment.<br /><br />The EEOL imposes equal legal duties upon non-Japanese employers in Japan. Since it has been in effect for only a limited period of time, the Japanese Ministry of Health, Labour and Welfare (MHLW) has made no specific findings yet on compliance of non-Japanese firms. Nonetheless, the revised law should alert HR professionals at foreign firms to their heightened legal duties.<br /><br /><br /><strong>Inclusion of Men </strong><br />The revised EEOL also shields both genders from sexual harassment and discrimination. This expansion of the law reflects a steady increase in harassment complaints by male victims. Some male workers find themselves in an uncomfortable working environment for failing to conform to gender-based stereotypes <br /><br />The following are some particularly common humiliating experiences, identified in a study by men in their thirties: <br /><br />(1) Derogatory comments such as "What a wimp; "Speak louder if you're a man; "Still living at home? Shame on you. Why don't you get married?;<br /><br />(2) Being required to work longer hours than women;<br /><br />(3) Being scolded more severely than women; and<br /><br />(4) Being forced to drink large amounts of alcohol at office parties compared to women.<br /><br />Experts are split as to whether these behaviors are mere annoyances or abuses severe enough to justify legal action. Nonetheless, the fact remains that more Japanese men now view themselves as victims of harassment and discrimination, and are less reluctant to express their discomfort.<br /><br />To date, very few males have fought harassment through a formal adjudication process. Older generations tend to avoid and disdain using any legal force against their company. However, in other situations, younger workers feel less constrained from bringing legal action in today's Japan. The strengthened EEOL may encourage male victims to assert their legal rights more aggressively.<br /><br />Therefore, in addition to adopting a sexual harassment policy and grievance procedure, it is vital for HR professionals to initiate educational programs to increase employees' understanding of sexual harassment. Next year, the MHLW plans to publish a detailed study with specific examples of educational programs already developed by employers.<br /><br />Typically, men and women are sharply divided in the Japanese office by the notorious "two-track management system. This system consists of the male-dominated sogo shoku (management track) and the female-dominated ippan shoku (clerical track). It can also lead to "well-intentioned gender discrimination against males. In one study, a new hire, who had been automatically assigned to a managerial position, requested to be reassigned to the clerical track. He hoped that a less demanding position would allow him to spend more time with his family. However, he was immediately called into an office and found himself surrounded by several managers. Out of paternalistic concern, the managers gave him a pep talk, urging him to act "like a man - that is, to devote himself to working his way up the corporate ladder. Similar complaints have been made by other male employees.<br /><br />This two-track management system, associated with the Japanese lifetime employment system, tends to deprive both men and women of their freedom of choice. It pushes men on the management track to climb the ladder of success, and forces women on the clerical track to stay away from it. Even foreign firms, which may not have such systems officially, may find that they are maintained informally. Today, some men are less enthusiastic about submitting to the highly demanding Japanese corporate culture, and instead are exploring a broader range of occupational choices, including once female-dominated fields.<br /><br />The concept of reverse discrimination has long been alien to the Japanese. In 1994, one prominent lawyer, champion of employee's rights, dismissed the notion altogether. The concept of reverse discrimination often provokes fierce debate, even in American society. However, Title VII of the United Sates Civil Rights Act of 1964, by banning discrimination against both men and women, gradually enabled men to become nurses and flight attendants - at the same time that it enabled women to become investment bankers and police officers. Today, Japan has finally taken a meaningful step toward full gender equality by recognizing men as potential victims of discrimination. It remains open to speculation whether the new law in Japan will help men and women move beyond their traditional roles.<br /><br /><br /><strong>Conclusion</strong><br />The strengthening of the EEOL, now enforceable in practice, marks a milestone in the pursuit of workforce equality in Japan. The law's expansion to protect both genders reflects recent social changes, pressing Japan to critically evaluate its management style. The ongoing collapse of the lifetime-employed, close-knit workforce should pressure employers to assess individual job applicant's capabilities and aspirations, irrespective of gender. Regardless, gender expectations in Japan remain strong, and only time will tell whether the new EEOL will launch Japan on its long-awaited journey to merit-based equality.<br /><br /><br /><br />Ames Gross is the president of Pacific Bridge, Inc., a recruiting and HR consulting firm specializing in Asia. For more information about Pacific Bridge, Inc., visit the company's website at www.pacificbridge.com or e-mail info@pacificbridge.com.