ハラスメント関連法 — パワハラ・セクハラ・マタハラ防止義務

Workplace harassment prevention in Japan rests on three pillars of legislation: (1) the amended Comprehensive Promotion of Labor Policy Act (the "Power Harassment Prevention Law"); (2) the Equal Employment Opportunity Act (sexual and maternity harassment); and (3) the Childcare/Nursing-Care Leave Act (harassment related to childcare and nursing-care leave). What they share is the imposition on employers of a "duty to take measures" (措置義務) for prevention.

The Comprehensive Promotion of Labor Policy Act, amended in May 2019, became effective as the so-called "Power Harassment Prevention Law" for large corporations on June 1, 2020 and for SMEs on April 1, 2022. Article 30-2 stipulates that employers must take necessary measures — including establishing a framework to receive consultations and respond appropriately — to prevent harm to the working environment caused by "conduct in the workplace based on a superior relationship."

The Ministry of Health, Labour and Welfare guideline defines workplace power harassment as conduct fulfilling ALL THREE elements: (1) conduct based on a superior relationship, (2) exceeding the necessary and reasonable scope of work, and (3) harming the worker's working environment. "Superior relationship" is not limited to supervisor-to-subordinate; conduct from colleagues or subordinates can also qualify if it leverages specialized knowledge or group power.

The Ministry guideline classifies power harassment into six representative types: (1) Physical attack (assault, injury); (2) Mental attack (threats, defamation, insult, abusive language); (3) Isolation from human relationships (segregation, exclusion from colleagues, ignoring); (4) Excessive demands (forcing clearly unnecessary or impossible-to-execute work); (5) Inadequate demands (assigning low-level work far below ability or experience without rational work-related reason); (6) Invasion of the individual (excessively intruding into private matters).

Equal Employment Opportunity Act Article 11 imposes on employers the obligation to take measures to prevent workplace sexual harassment. Sexual harassment is divided into two types: (1) Quid pro quo: dismissal, demotion, salary reduction, or other disadvantageous treatment based on refusal or resistance to sexual conduct; (2) Hostile environment: harm to the working environment caused by sexual conduct.

The January 2017 guideline amendment expanded the scope of sexual harassment, clarifying that same-sex harassment and conduct related to sexual orientation/gender identity (SOGI) also qualify. The June 2020 amendment further added prevention obligations regarding harassment toward non-employees such as workers from other companies and job hunters.

Prevention of maternity harassment was made mandatory by the January 2017-effective amended Equal Opportunity Act Article 11-2 and amended Childcare/Nursing-Care Leave Act Article 25. Disadvantageous treatment (dismissal, demotion, salary reduction, etc.) for reasons of pregnancy, childbirth, childcare leave, or nursing-care leave was already prohibited (Equal Opportunity Act Art. 9). In addition, the employer's duty to take preventive measures was imposed for harassment from supervisors and colleagues as well.

Maternity harassment is also divided into two types: (1) Harassment regarding use of systems (e.g., when consulting about taking childcare leave, being told "give up on promotion"); (2) Harassment regarding the state (verbal abuse or urging resignation in response to pregnancy itself). Harassment toward male employees taking childcare leave (so-called "paternity harassment" or "patahara") is similarly prohibited.

Ministerial guidelines organize the specific measures employers must take into four pillars (common to power, sexual, and maternity harassment): (1) Clarifying and disseminating the business owner's policy, with awareness training (state harassment prohibition and disciplinary action in work rules; conduct training); (2) Establishing a framework for receiving and appropriately responding to consultations (set up a relief desk; accept anonymous consultations); (3) Prompt and appropriate post-incident response (prompt verification of facts, consideration for the victim, measures against the perpetrator, recurrence prevention); (4) Prohibition of disadvantageous treatment for having consulted or cooperated with fact-verification (anti-retaliation).

When an employer neglects the duty to take measures and harassment occurs, two types of liability can be incurred: (1) Administrative liability: The Minister of Health, Labour and Welfare can issue advice, guidance, and recommendations (Comprehensive Promotion Act Art. 33; Equal Opportunity Act Art. 29). If the recommendation is not followed, the company's name can be publicly disclosed (Comprehensive Promotion Act Art. 33 para. 2). (2) Civil liability: Damages claims from the victim against the employer based on breach of the duty of safe consideration (Civil Code Art. 415) or employer liability (Civil Code Art. 715).

Establishing a relief desk is the most important measure common to all types of harassment prevention. The Ministry of Health, Labour and Welfare recommends: (1) Place both male and female consultation officers; (2) Build a framework for unified reception (integrating power, sexual, and maternity harassment); (3) Also use external agencies (law offices, EAPs, etc.); (4) Provide diverse reception means including anonymous consultation, phone, email, and web form; (5) Thoroughly protect consultant privacy and maintain confidentiality.

In recent years, harassment litigation has trended toward higher damage awards. In the Dentsu new-employee overwork suicide case (2015), long working hours and power harassment were recognized, with the company ordered to pay substantial compensation. Courts increasingly recognize employer liability strictly on the basis of the duty of safe consideration. Response to customer harassment ("kasuhara") has also become a common challenge for companies, and in 2025 the Ministry of Health, Labour and Welfare is advancing amendments to make employer countermeasures a duty of effort.