Japanese Transgender Worker’s Harassment Case Victory Could Signal Change

In what has been deemed a rare and landmark case, Japanese labor authorities have recognized Sexual Orientation and Gender Identity (SOGI) harassment as a work-related disease eligible for workers’ compensation benefits for the first time.

Although sexual orientation and gender identity-based discrimination is not technically illegal in Japan, companies with employees in Japan should take notice of this case as it may be a sign of things to come. This Insight also provides four steps you should consider in light of this groundbreaking decision. Treatment of LGBTQ+ individuals in Japan has come under scrutiny in recent years. Historically, transgender individuals, for example, have not enjoyed legislative or other protections that other groups have. In 2003, the legislature passed the Gender Identity Disorder Special Cases Act, which outlines the process transgender individuals must follow in order to legally change their gender. The process, which has been criticized as archaic because it assumes transgender identity is a form of psychosis, requires applicants to undergo a psychiatric evaluation and become surgically sterilized in order for their petition to be considered. ...continue reading