均等法 指針 2007 6
Guideline under the EEOL Jun 2007
Guideline for appropriate actions by employers on matters stipulated in the provisions regarding prohibition of discrimination of workers on grounds of sex
(Ministry of Health, Labour and Welfare Notice No. 614, 2006)
(unofficial translation)
Section 2. Direct discrimination
1. Employment management category
In Section2, “employment management category” is a category based on type of jobs, qualifications, forms of employment etc., or other category of workers, when the categories are established, so that workers belonging to the category are subject to a different employment management from workers belonging to other categories. Whether the workers belong to the same employment category or not, should be decided by considering whether there are any objective/reasonable difference with workers who do not belong to the same category, regarding the work content, the scope of personnel transfers including transfers to different locations as well as the frequency of transfers. The decision on whether workers belong to the same category should be made according to the actual employment management of the company, and not simply on a formal basis.
For example, if a worker were hired in a different job category at the time of hiring, but after joining the company, the employer made no difference in the treatment among all workers in the same company in assigning workers, giving them different work experiences such as sales and clerical work, or transferring personnel according to the same criteria, the company as a whole would be considered to have a single employment category.
2. Recruitment and hiring (related to EEOL Article 5)
(1) Definition of “recruitment” and “hiring”
(2) Implementing measures given below, for example, in a single employment management category, regarding recruitment and hiring, is prohibited by Article 5. The positive action measure in 14 (1) does not fall under this prohibition.
(i) Excluding men or women from eligibility in recruitment and hiring
(Cases, which are deemed as exclusion)
1) Limiting eligibility in recruitment and hiring exclusively to either men or women for certain types of jobs (including the so-called main career track jobs or clerical jobs) or forms of employment (including regular workers or part-time workers).
2) Using job titles indicating either men or women in recruitment and hiring (except for cases when it is apparent that eligibility is not limited exclusively to men or women), or using phrases, such as “men are welcome” or “jobs suitable for women.”
3) Limiting acceptance of application or hiring exclusively to either men or women, even when recruitment is open for both
4) Human resource agencies, limiting eligibility to either men or women, in registering workers wishing to be agency workers for a particular work
(ii) Setting different conditions for men and women in recruitment and hiring
(Cases, which are deemed to have different conditions)
Requiring only women to be single, have no children, or commute from their parents’ home; giving preference to women fulfilling these conditions
(iii) In deciding competence and qualifications in hiring, treating men and women differently regarding method or criteria for selection
(Cases, which are deemed to have different treatment)
1) Having different passing grades for men and women in written tests or interviews for recruitment and hiring
2) Holding separate hiring tests for men and women
3) Conducting hiring tests exclusively for either men or women
4) In interviews for hiring, putting questions only to women on certain matters such as possibilities of getting married, continuing work after having children, etc.
(iv) Giving preference either men or women in recruitment and hiring
(Cases, which are deemed to prefer either men or women)
1) In selection for hiring, preferring either men or women among those who fulfill the criteria for hiring
2) Setting and publicizing different quotas for men and women in recruitment, or hiring according to these quotas
3) Setting minimum numbers for hiring for either men or women in recruiting
4) Beginning selection of women for hiring after completing the selection of men
(v) Treating men and women differently regarding explanations about the recruitment or provision of information regarding recruitment and hiring
(Cases, which are deemed to have different treatment)
1) Sending information regarding the company exclusively to either men or women, or changing the content or time of sending
2) Holding seminars for recruitment exclusively for either men or women, or holding seminars for men and women at different periods
3. Assignment (including allocation of work and vesting of authority)
(related to EEOL Article 6(1))
(1) Definition of assignment
(2) Implementing measures given below, for example, in a single employment management category, regarding assignment is prohibited by Article 6(1). The positive action measure in 14 (1) does not fall under this prohibition.
(i) Excluding either men or women from assignment to certain jobs
(Cases, which are deemed to exclude either men or women)
1) Limiting eligibility exclusively to either men or women for assignment to sales jobs, secretarial jobs, jobs involving planning, jobs involving routine clerical work, jobs involving working overseas, etc.
2) Assigning only men to jobs involving many overtime hours or late night work hours
3) Human resource agencies, limiting eligibility exclusively to either men or women, in sending workers based on certain agency contracts
4) Limiting eligibility for tests for qualification to certain assignments exclusively to either men or women
(ii) Setting different conditions for men and women in assignment to certain jobs
(Cases, which are deemed to have different conditions)
1) Excluding women from eligibility for assignment to jobs involving planning on grounds of being married, having reached a certain age or having children
2) Assigning men to management planning jobs in the head office after having worked in a certain number of branch offices, while assigning women to such jobs only after working in more than the said certain number of branch offices
3) In assignment to certain jobs, requiring only women to satisfy the conditions of certain national qualifications or training
4) Regarding the sales sector, making all men eligible for assignment, while women are considered only when they wish to be assigned to such posts
(iii) In deciding competence and qualifications for assignment to certain jobs, treating men and women differently regarding method or criteria for selection
(Cases, which are deemed to have different treatment)
1) In considering personnel assessment for assignment to certain jobs, making men eligible when they have average assessment, while making women eligible only when they are assessed as being excellent
2) Setting different passing standards for men and women in tests for qualification for assignment to certain jobs
3) Promoting tests for qualification for assignment to certain jobs to men or women exclusively
(iv) Giving preference to either men or women in assignment to certain jobs
(Cases, which are deemed to prefer either men or women)
Preferring men in assigning workers to sales positions, when there are more than one worker satisfying the criteria for the assignment
(v) Treating men and women differently in allocating assignment
(Cases, which are deemed to have different treatment)
1) In the sales sector, giving men work involving going away from the company while excluding women from such work and keeping them inside
2) Giving men normal work while giving women extra work involving clerical work in meetings, preparing tea, office cleaning, etc. on top of the normal work
(vi) Treating men and women differently in granting authority
(Cases, which are deemed to have different treatment)
1) Giving men authority to purchase up to a certain amount on his responsibility, while giving women the authority to purchase up to an amount lower than the said amount
2) In the sales sector, giving men the authority to develop new clients or to propose new products, while not giving such authority to women, but only that for dealing with existing clients and products
(vii) Treating men and women differently in reassignments
(Cases, which are deemed to have different treatment)
1) Seconding exclusively women to affiliated or subsidiary organizations when rationalizing
2) Seconding exclusively women over a certain age to affiliated or subsidiary organizations
3) Reassigning exclusively women to inconveniently located workplaces for reasons of their being married or having children
4) In closing factories or plants, reassigning men to nearby factories or plants while reassigning women to inconveniently located workplaces
5) Assigning men to multiple sectors while not reassigning women to different sectors from the one they were first assigned to
4. Promotion (related to EEOL Article 6(1))
(1) Definition of promotion
(2) Implementing measures given below, for example, in a single employment management category, regarding promotion is prohibited by Article 6(1). The positive action measure in 14 (1) does not fall under this prohibition.
(i) Excluding either men or women in promotion to certain positions
(Cases, which are deemed to exclude either men or women)
1) Excluding women from promotion opportunities
2) Giving exclusively men the qualification to take tests for promotion to certain positions
(ii) Setting different conditions for men and women in promotion to certain positions
(Cases, which are deemed to have different conditions)
1) Denying promotion, or limiting promotion to a certain level exclusively to women for reasons of having married, reached a certain age or having children
2) In promotion to the position of section chiefs, requiring women to have been assistant chiefs before being assigned to the position, while not requiring such prior experience in men
3) Promoting men when their attendance rate is above a certain level, or after a certain number of years in service, while requiring a higher attendance rate or larger number of years for women
4) Requiring only women to obtain recommendations from their superiors to take a test for promotion to certain positions
(iii) In deciding the competence or qualification for promotion to certain positions, treating men and women differently regarding the method or criteria
(Cases, which are deemed to have different treatment)
1) Setting different passing grades for men and women in tests for promotion to section chiefs
2) In considering personnel assessment for promotion, making men eligible when they have average assessment, while making women eligible only when they are assessed as being excellent
3) In cases, in which the employers use a 5 rank (from A to E) personnel assessment system, the lowest rank given to men is C while the highest rank given to women is C
4) Conducting personnel assessment, so that all men reaching a certain age would be promoted, while women would not be treated the same
5) Exempting either men or women from a part of the test for promotion to certain positions
6) Promoting either men or women exclusively to take the test for promotion to certain positions
(iv) Giving preference to either men or women in promotion to certain positions
(Cases, which are deemed to give preference)
Giving preference to men in promotion, when there are more than one worker satisfying the criteria for promotion