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16 Pac. Rim L. & Pol'y J. 551 (2007)
The 2006 Revisions to Japan's Equal Opportunity Employment Law: A Narrow Approach to a Pervasive Problem

handle is hein.journals/pacrimlp16 and id is 557 raw text is: Copyright © 2007 Pacific Rim Law & Policy Journal Association THE 2006 REVISIONS TO JAPAN'S EQUAL OPPORTUNITY EMPLOYMENT LAW: A NARROW APPROACH TO A PERVASIVE PROBLEM Megan L. Staricht Abstract: In June 2006, Japan changed its approach to employment discrimination by amending the Equal Employment Opportunity Law (EEOL). The change was prompted by increased gender discrimination litigation, domestic economic pressures relating to the low birth rate, a stagnant economy and declining labor force, and criticism from the United Nations. The revised law attempts to address several of the shortcomings of the old law. First, Japan has made the law applicable to all workers rather than just to women workers. Second, the revisions expand the scope of the law by including a section on indirect discrimination. Third, the revisions provide greater protection for workers who take childcare and family leave by prohibiting employers from effectively denying employees' rights to child care leave. While these revisions to the EEOL indicate a positive conceptual shift in employment discrimination law in Japan, they appear to fall short in three areas. First, the provisions on indirect discrimination are too narrowly drafted. Second, the childcare leave provisions fail to place an affirmative duty on employers to act. Third, the enforcement measures are still too weak. To correct these problems, a more general legal definition of indirect discrimination should be drafted, regulations should be issued to assist employers in providing more accommodating work environments for parents who exercise their right to child care leave, and the enforcement provisions of the law should be strengthened. This comment traces the development of the EEOL in Japan and highlights the issues that the old versions of the law did not address. It then discusses the specific changes in the 2006 revisions, their strengths and shortcomings, and recommends certain changes. I. INTRODUCTION Setsuko Honma, a Japanese woman and gender-rights litigant, proclaimed the 2006 Revisions to Japan's Equal Opportunity Employment Law useless.' She was not alone in her disappointment. Honma was one of five women who sued her employer, the Kanematsu Corporation, for its 2 discriminatory dual-track career system. The employees claimed that 1 The author would like to thank Professors Andrew Pardieck and Veronica Taylor for their guidance and advice, and the editorial staff of the Pacific Rim Law and Policy Journal for their tireless work and encouragement. Finally, I would like to thank my husband Kevin for his support and understanding throughout this process. Akemi Nakamura, Working Women Still Battle Bias, JAPAN TIMES, Mar. 9, 2006, at $ 2, available at htt://search.japantimes.co.jp/print/nn20060309fl .html. The dual-track career system is a practice among many of Japan's larger employers. They separate their regular, full-time employees into two tracks, a managerial track and a clerical track. Men are predominantly placed on the managerial track and enjoy better pay and better opportunities for advancement and promotion. Employers argue the distinction is not made on the basis of gender but on other characteristics such as educational background, performance on examinations, ability to work long

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