◆Response to LGBT desired in companies
In recent years, Japan has been experiencing a demand for the understanding of and response to LGBT issues in the company environment, not only from the perspective of human rights, but also from the perspectives of risk management and the acquisition of outstanding human resources.
The term “LGBT” refers to sexual minorities of lesbian (L), gay (G), bisexual (B) and transgender (T). A survey conducted by Dentsu Communication Institute Inc. states that 7.6% of the Japanese population identified as LGBT.
In such a context, the Ministry of Health, Labour and Welfare, will revise its Sexual Harassment Guideline (management measures to be taken by employers concerning problems caused by sexual harassment in the workplace), having consolidated its policy to put into writing that there is a duty to also respond to the sexual harassment of sexual minorities in companies.
◆Wide Clarification of the targets of sexual harassment in the workplace
As presented in the ministry’s Labor Policy Council (Equal Employment Opportunity Subcommittee), “the proposed notice to revise part of the guideline for employment management measures to be taken by employers concerning problems caused by sexual harassment in the workplace” states that “with regards to sexual harassment in the workplace, the victim’s sexual orientation or gender identity have always been irrelevant. However, there has been much recent criticism that this fact has not been well publicized. Consequently, amendments will be made to clarify that workplace sexual harassment of any person, regardless of the sexual orientation or gender identity of the person suffering damage, is subject to the Sexual Harassment Guideline.”
Although sexual minorities are currently subject to this guideline, this fact has never been put into writing.
Adding a new stipulation in section 2 (1) of the Sexual Harassment Guideline that “the guideline applies, regardless of the sexual orientation or gender identity of the person suffering damage” aims to create better awareness of this issue.
◆Implementation date
The above-mentioned guideline is scheduled to be revised from January 1, 2017. Companies will need to respond to the LGBT issue by reviewing their company sexual harassment prevention regulations and informing their employees.