Search Results

A quarter-century has passed since the enactment of the Act on securing, etc. of equal opportunity and treatment between men and women in employment. When this Act was initially established, its scope of regulations and legal effect were not sufficient, and it had the nature of a law to provide protection from discrimination only for women workers. However, through the revision in 1997 and 2006, the Act has transformed into a law against gender discrimination in a precise sense, and it currently contains not only the anti-discrimination provisions but also the provisions regarding positive action and sexual harassment. This paper reviews the history of the Act while explaining the legal issues that were discussed in the enactment and revision process, and identifies the issues with the Act that remain to be addressed, such as the concept of discrimination under the Act, the relationship between freedom of recruitment and prohibition of discrimination, and how to ensure effective positive action.

Published abstract. Show less