Hostname: page-component-f554764f5-246sw Total loading time: 0 Render date: 2025-04-18T01:34:08.791Z Has data issue: false hasContentIssue false
  • English
  • Français

Gender Equality in Japan: The Equal Employment Opportunity Law Revisited

Published online by Cambridge University Press:  14 March 2025

Stephanie Assmann
Rights & Permissions [Opens in a new window]

Extract

Core share and HTML view are not available for this content. However, as you have access to this content, a full PDF is available via the ‘Save PDF’ action button.

In 2010, Rina Bovrisse, then a 36-year old senior retail manager of Prada Japan, lost her job at the Italian fashion company after she accused the company of harassment and discrimination based on age and physical appearance. After a two-year trial in the Tokyo District Court which ended in October 2012, she also lost her claim to financial compensation of 58 million yen on the grounds of sexual harassment (Asien Spiegel, 2013). Bovrisse, who was in charge of approximately 500 employees working in Prada stores in Japan, Guam, and Saipan at that time, was told by Prada Japan Senior Human Resources Manager Takahashi Hiroyuki that she needed to lose weight in order to represent the fashion company. Furthermore, Takahashi had transferred thirteen managers and shop assistants, who were considered “old, fat, ugly” or simply did not have “the Prada look”, to remote locations (Matsutani, 2010). In court, Judge Morioka Reiko ruled that - given Bovrisse's visible position in the fashion company - her employer had every right to tell her to improve her physical appearance, and that this was not a sufficient reason for claiming financial compensation.

Type
Research Article
Information
Asia-Pacific Journal , Volume 12 , Issue 45 , November 2014 , e2
Creative Commons
Creative Common License - CCCreative Common License - BYCreative Common License - NCCreative Common License - ND
This is an Open Access article, distributed under the terms of the Creative Commons Attribution-NonCommercial-No Derivatives licence (http://creativecommons.org/licenses/by-nc-nd/4.0/), which permits non-commercial re-use, distribution, and reproduction in any medium, provided the original work is unaltered and is properly cited. The written permission of Cambridge University Press must be obtained for commercial re-use or in order to create a derivative work.
Copyright
Copyright © The Authors 2014

References

Abe, Aya K. (2010), The Changing Shape of the Care Diamond. The Case of Child and Elderly Care in Japan, United Nations Research Institute for Social Development, Gender and Development, Programme Paper Number 9, March 2010: 1–45.Google Scholar
Aoki, Mizuho and Yoshida, Reiji (2014), Two of Abe's female ministers resign over separate scandals, Japan Times Online, 20th October 2014, accessed on 20th October 2014.Google Scholar
Spiegel, Asien (2013), 80'000 gegen Prada [80,000 Against Prada], Asien Spiegel. News aus Japan, Taiwan und China, 3rd May 2013, accessed on 22nd September 2014.Google Scholar
Brinton, M. C. (1993), Women and the Economic Miracle. Gender and Work in Postwar Japan, Berkeley/Los Angeles/London: University of California Press.Google Scholar
Broadbent, K. (2005), Pawaa Appu! Women Only Unions in Japan, Electronic Journal of Contemporary Japanese Studies (ejcjs) (31st October 2005), accessed on 26th September 2007.Google Scholar
Center for the Advancement of Working Women (CAWW) (2008), [Josei to shigoto no miraikan], Working Women in Japan (2008), accessed on 9th January 2009.Google Scholar
Estévez-Abe, Margarita (2013), An International Comparison of Gender Equality: Why Is the Japanese Gender Gap So Persistent? Japan Labor Review, Vol. 10, no. 2, Spring 2013: 82–100.Google Scholar
Flowers, Petrice R. (2009), Refugees, Women, and Weapons. International Norm Adoption and Compliance in Japan, Stanford: Stanford University Press.Google Scholar
Florence. Nintei NPO hojin Furorensu [Florence. Acknowledged NPO Corporation Florence], accessed on 8th April 2013.Google Scholar
Gender Equality Bureau Cabinet Office (Naikaku-fu danjo kyodo sankaku-kyoku) (Ed) (2012), Danjo kyodo sankaku hakusho [White Paper on Participation in Society of Men and Women]. Data adapted from the Basic School Survey [Gakko kihon chosa] conducted by the Ministry of Education Culture, Sports, Science and Technology, accessed on September 22, 2014.Google Scholar
Gender Equality Bureau, Cabinet Office (Naikaku-fu danjo kyodo sankaku-kyoku) (Ed.) (2011a) Facts and figures, proportion of female full time teachers to the total of full time teachers, Women and Men in Japan 2011.Google Scholar
Gender Equality Bureau, Cabinet Office (Naikaku-fu danjo kyodo sankaku-kyoku) (Ed.). (2011b). Women and men in Japan 2011.Google Scholar
Gender Equality Bureau, Cabinet Office (Ed.) (2009), Gender Information Site, accessed on 15th April 2013.Google Scholar
Gender Equality Bureau, Cabinet Office (Ed.) (2011), Promotion of “Positive Action” – Aiming to attain the target of “30% by 2020”. From the “White Paper on Gender Equality 2011”, accessed on 20th October 2014.Google Scholar
Grove, Jack (2013), Global Gender Index 2013, Times Higher Education, accessed on 6th August 2014.Google Scholar
Hausmann, Ricardo, Tyson, Laura D. and Zahidi, Saadia (Eds.) (2012), The Global Gender Gap Report 2012, World Economic Forum.Google Scholar
Holthus, Barbara G. (2011), Child Care and Work-Life Balance in Low-Fertility Japan, in: Coulmas, Florian and Lützeler, Ralph (Eds.), Imploding Populations in Japan and Germany. A Comparison, Leiden and Boston: Brill Publishers, pp. 203–228.CrossRefGoogle Scholar
Huen, Y.W.P. (2007), Policy Response to Declining Birth Rate in Japan: Formation of a “Gender-Equal” Society, Springer Science + Business Media B.V., 2007.Google Scholar
Imano, H., Josei, Hataraku [Working Women], Rengo-kai, Nihon Fujin Dantai (Ed.) (2006), Josei hakusho 2006. Kakusa shakai to josei [Women's White Book 2006. The Divided Society and Women], Tokyo: Horupu Shuppan, pp. 34–47.Google Scholar
Permanyer, Inaki (2013), A critical assessment of UNDP's Gender Inequality Index, in: Feminist Economics 19 (2): 1–32.CrossRefGoogle Scholar
International Policy Division General Affairs Department Fukui Prefectural Government (Ed.) (2004), Working in Japan. The Labor Standards Law (Extracts), To Live in Fukui. Daily Life Information for Foreign Residents in Japan (2004), accessed on 1st March 2009.Google Scholar
Online, Japan Times (2012), Child Allowance Devoid of Principle, 29th March 2012, accessed on 12th April 2013.Google Scholar
Jotaki, Eriko (2004), Positive Action Using Quotas for Women in Kyushu University, Japan, Proceedings of the 12th Asia Pacific Physics Conference, JPS Conf. Proc. 1, 018002 (2014), accessed on 20th October 2014.Google Scholar
Kameda, Masaaki and Nagata, Kazuaki (2014), Lawmaker apologizes for sexist jibe, Japan Times Online, 23rd June 2014, accessed on 20th October 2014.Google Scholar
Kawahara, Michiko (2013), Japan ranked 163rd of 190 nations in ratio of female lawmakers, The Asahi Shimbun, 14th April 2013, accessed on 15th April 2013.Google Scholar
Kokuritsu shakai hosho jinko mondai kenkyujo [National Institute of Population and Security Research], Dai 14 kai shussei doko kihon chosa (fufu chosa) [14th Basic Survey on Career Motivations (Survey on Married Couples)], accessed on 13th August 2014.Google Scholar
Kosei Rodosho (Ministry of Health, Labor and Welfare) (MHLW) (2013a), Hi-seiki koyo (yuki, pato, haken rodo [Non-regular Employment (Fixed term, Part-time, Dispatch Work)], accessed on 15th April 2013.Google Scholar
Kosei Rodosho (Ministry of Health, Labor and Welfare) (MHLW) (2013b), Heisei 24 nen chingin kozo kihon tokei chosa kekka no gaikyo (sho ninkyu) [Overview of Results for Basic Statistic Survey of Wage Structures (Starting Wages) for the Year 2012], accessed on 12th April 2013.Google Scholar
Kosei Rodosho (Ministry of Health, Labor and Welfare) (MHLW) (2013c), “Taiki jido kaisho kasokuka puran” shukei kekka wo kohyo [Announcing the Results of the “Acceleration plan to resolve the situation of waiting children”], accessed on 21st October 2014.Google Scholar
Kosei Rodosho (Ministry of Health, Labor, and Welfare) (MHLW) (2011), Heisei 22 Nenpan. Hataraku josei no jitsujo [The Situation of Working Women 2010], Press Release 20th May, 2011. accessed on 18th April 2013.Google Scholar
Kosei Rodosho (Ministry of Health, Labor and Welfare) (MHLW) (2011), Shigoto to katei no ryoritsu no genjo [Present Situation of Combining Work and Household], accessed on 12th August 2014.Google Scholar
Kosei Rodosho (Ministry of Health, Labor, and Welfare) (MHLW) (2010), Danjo-kan chingin kakusa kaisho no tame no gaidorain [Guideline for the Dissolution of Wage Discrepancies between Men and Women] (2010), accessed on 22nd June 2012.Google Scholar
Kosei Rodosho (Ministry of Health, Labor, and Welfare) (MHLW) (2008), Danjo-kan no chingin kakusa repoto [Report on Wage Differences between Men and Women], accessed on 8th October 2008.Google Scholar
Kosei Rodosho (Ministry of Health, Labor and Welfare) (MHLW) (2007), Danjo kikai kinto-ho no aramashi [Outline of the Equal Employment Opportunity Law] (2007), Retrieved on 5th December, 2011.Google Scholar
Kosei Rodosho (Ministry of Health, Labor, and Welfare) (MHLW) (2004a), Pojitibu akushon no torikumi jirei-shu [Collection of Examples of the Implementation of Positive Action], accessed on 20th October 2014.Google Scholar
Kosei Rodosho (Ministry of Health, Labor, and Welfare) (MHLW) (2004b), Danjo koyo kikai kinto seisaku kenkyu-kai hokoku-sho [Report of the Research Committee on Measures of Gender Equal Employment Opportunities] (2004), accessed on 23rd October 2007.Google Scholar
Kuba, Yoshiko (2011), The Current Women's Work:25 Years since the Equal Employment Opportunity Law Enacted, Josei Rodo Kenkyu [55], The Bulletin of the Society for the Study of Working Women, pp. 7–23.Google Scholar
Kurtenbach, Elaine (2014), Sexist Views dent Abe's push for women's rights, Japan Times Online, 28th June 2014, accessed on 20th October 2014.Google Scholar
Lorber, Judith (2010), Gender Inequality. Feminist Theories and Politics, Fourth Edition, New York and Oxford: Oxford University Press.Google Scholar
Mae, Michiko (2008), Zur Entwicklung einer partizipatorischen Zivilgesellschaft in Japan [About the Development of a Participatory Civil Society in Japan], Wieczorek, Iris. (Ed.) (2008), Japan 2008. Politik, Wirtschaft und Gesellschaft [Japan 2008. Politics, Economy, and Society], Berlin: Vereinigung für Sozialwissenschaftliche Japanforschung, pp. 217–40.Google Scholar
Matsutani, Minoru (2010), Prada accused of maltreatment: Boss wanted “old, fat, ugly” out: Manager. Japan Times Online. Accessed on 22nd September 2014.Google Scholar
Mitsubishi UF Research and Consulting (ed.) (2009), Heisei 20 nendo ryoritsu shien ni kakawaru shomondai ni kansuru sogoteki chosa kenkyu (kosodate-ki no danjo he no anketo chosa oyobi tanjikan kinmu seido nado ni kansuru kigyo intabyu chosa) [Comprehensive Research Survey on various problems concerning the support for combining work and childcare for the year 2008 (Questionnaire survey targeting men and women on parental leave and interview survey on corporations concerning a reduced working hour system), March 2009.Google Scholar
Monbukagakusho [Ministry of Education, Culture, Sports and Technology] (MEXT) (2012), Gakko kihon chosa - Heisei 24 nendo (sokuho) kekka no gaiyo [Basic School Survey – Overview of Results of 2012], accessed on 15th April 2013.Google Scholar
Organization for Economic Co-operation and Development (OECD) (2011), Gender Equality, Balancing paid work, unpaid work and leisure, accessed on 28th October, 2014.Google Scholar
Osu, M., Paato. haken. rinji rodosha [Parttimers, Dispatch Workers, Temporary Workers], Rengo-kai, Nihon Fujin Dantai (Eds.) (2006), Hakusho, Josei 2006. Kakusa shakai to josei [Women's White Book 2006. The Divided Society and Women], Tokyo: Harupu Shuppan, pp. 48–52.Google Scholar
Otake, Tomoko (2014), ‘Womenomics’ push raises suspicions for lack of reality, Japan Times Online, 15th June 2014, accessed on 20th October 2014.Google Scholar
Shibata, Y., Development and Problems of the Equal Employment Opportunity Law, Tsujimura, M. and Yano, E. (Eds.) (2007), Gender and Law in Japan, Gender Law & Policy Center, Sendai: Tohoku University Press, pp. 171–87.Google Scholar
Schoppa, Leonard J. (2001), Japan, the Reluctant Reformer, Foreign Affairs, Volume 80, No. 5, pp. 76–90.CrossRefGoogle Scholar
Social Watch. Power Eradication and Gender Justice (2013), Measuring Gender Inequity: The 2012 Gender Equity Index, accessed on 8th April 2013.Google Scholar
Somusho tokei-kyoku [Ministry of Internal Affairs and Communications] (2014), Rodoryoku chosa (kihon shukei), Heisei 26 nen (2014 nen) 8 gatsu bun (sokuho) [Labor Force Survey (Basic Details), (Preliminary Report), August 2014, accessed on 28th October, 2014.Google Scholar
Somusho tokei-kyoku [Ministry of Internal Affairs and Communications (MIC), Statistical Office] (2013), Rodo-ryoku chosa (shosai shukei) Heisei 24 nen heikin (sokuho) kekka no yoyaku [Labor Force Survey (Summary of Details), Summary of Results (Preliminary Report) for the Year 2012, accessed on 15th April 2013.Google Scholar
Somusho tokei-kyoku [Ministry of Internal Affairs and Communications (MIC) (2012), Employment Status Survey, accessed on 18th October 2014.Google Scholar
Tabuchi, Hiroko (2013), Desperate Hunt for Day Care in Japan, The New York Times, 26th February 2013, accessed on 15th April 2013.Google Scholar
The University of Tokyo, Academic and Administrative Staff (as of May 2011), accessed on 18th October 2014.Google Scholar
Tokyo daigaku de kosodate [Childcare at Tokyo University], accessed on August 6, 2014.Google Scholar
Toyo Keizai Online (2011), Naze josei ha shussei shinai no ka [Why are women not advancing in their careers?], accessed on 12th October 2011.Google Scholar
Tsujimura, Miyoko (2011), Pojitebu Akushon. “Ho ni yoru byodo” no giho [Positive Action. “Equality through Law”], Tokyo: Iwanami Shoten.Google Scholar
University of Tokyo (ed.) (2009), Declaration of Gender Equality Acceleration. Retrieved on 4th December 2011.Google Scholar
University of Tokyo, Licensed childcare facilities and Tokyo Metropolitan Government Certified Daycare Facilities, accessed on 9th April, 2013.Google Scholar
Weathers, C. (2005), In Search of Strategic Partners: Japan's Campaign for Equal Opportunity, Social Science Japan Journal, 8 (1), pp. 66–89.CrossRefGoogle Scholar
Worsley, K., ‘Uniqlo to Switch up to 5,000 Parttime Workers to Full-Time Status’, Japan Economy News & Blog, 6 March, 2007, accessed on 28th April 2009.Google Scholar