RIGHTS-JAPAN: Women Rewrite Rules in Male-Dominated Workplace

By Suvendrini Kakuchi Reprint | | Print |

Suvendrini Kakuchi

TOKYO, Oct 9 1999 (IPS) - Turning their backs on the old role of playing decorative “flowers” in the office, women are throwing out the old traditions that have long lorded it over Japan’s male- dominated workplaces.

“There are a lot of determined young women out there who are saying ‘no’ to being paid for serving tea and answering the telephone for their male bosses,” explains Professor Yoshiko Takahashi of the private Keio University and who heads the Sexual Harassment Prevention Committee, the first to be established in a Japanese university.

Recent figures also show key changes in Japanese women’s world of work. As of July there were 60,000 women company presidents, up 3.3 percent from last year, according to data compiled by Teikoku Bank’s research.

But what experts see as more drastic is the increasing number of women who are taking men to court for sexual discrimination in the workplace and claiming victorious lawsuits.

In July, 56-year-old Hisami Naka was awarded 30 million yen (about 280,370 U.S. dollars) by a judge who upheld her claim that the company she worked for failed to treat her equally with her male colleagues.

Naka had argued that the pharmaceutical company where she had worked for 30 years violated her right to equal pay for equal work as stipulated in Japan’s Labour Standard Law.

Japan’s Equal Employment Opportunity Law was revised in April to include a section covering sexual harassment and discrimination.

The judge rejected the company’s defense argument, which alleged that Naka’s lower pay was justified by “shortcomings” in her workplace behaviour and ordered that she be compensated on grounds of sexual discrimination.

Lawyers for Naka pointed out that her landmark victory has now clearly defined the responsibility of the employer in treating women employees equally, and should positively affect 12 more pending cases being fought on pay discrimination.

Also in July, Japan’s largest damage settlement for sexual harassment was settled when a 48-year-old piano teacher was found guilty of sexually abusing a female student for more than a decade, and ordered to pay nine million yen (84,100 dollars) in damages.

Yet another case that is closely followed in the Japanese media is a claim filed by a female university student who is suing the governor of Osaka, Knock Yokoyama, for sexual abuse.

She is demanding 12 million yen (112,150 dollars) from the governor, who she claimed touched her body and implied he would buy her an expensive designer bag if she kept silent about the incident. Yokoyama has promised to settle the case out of court.

Analysts point out that the rise in sexual harassment cases — 30 across Japan so far according to the daily ‘Mainichi Shimbun’ — and several judgments ordering compensation for the mental anguish suffered by the victims, are significant changes in a society that has traditionally upheld the woman’s role as being a subordinate to men especially when it comes to the work place.

“We are dealing with deep-rooted traditions that educated women to be long-suffering supporters of men. Against such a backdrop, the achievements can be considered dramatic,” explains Takahashi.

Takahashi says Keio University’s sexual discrimination prevention committee aims to take yet another step by attempting to stop discrimination from happening in the first place, rather than acting only after women are harassed.

For instance, after several surveys, the committee has established several guidelines that attempt to give a clear definition of the kind of acts that could be termed harassment and must be avoided.

Verbal harassment, such as references to appearance or personality used against the victim with the aim of hurting her or his feelings, and gender discrimination followed during procedures, such as having different interviews for male and female job seekers, are some of the examples on the university’s list.

“We have complaints from some female university students who report that their employer called them fat, or stupid, which is clearly against the rules,” explains Takahashi.

Analysts explain the most difficult problem in the fight against sexual harassment is Japanese society, which still frowns upon women challenging the tradition of male dominance.

“It is very difficult for women in Japan to clearly tell men they are not acting properly. Women who try to speak clearly are looked-upon as being rude or insensitive, which is a trying situation for a woman in a collective society as Japan’s,” says Takahashi.

Such social barriers were taken into account when guidelines were formed at the university. “We decided the bottom line was to make rules using family relations. We said anything that would hurt your wife or daughter is considered sexual harassment,” she explains.

Keio University is also keen on ensuring that the new committee is not seen as a witch-hunt against other employees or superiors. Thus, the complaints are carefully investigated and the privacy of those concerned strictly respected.

Finally, the committee is not solely for women. Men are also encouraged to ask for assistance and several male complaints have actually used the committee, according to the university.