Guidelines on Ways for Employers to Taking Appropriate Measures with Regard to Recruitment and Hiring, Assignment, Promotion, and Training (Ministry of Labour Notice No. 19 of March 13, 1998)
http://www.jiwe.or.jp/english/law/law1_3.html
Actions Which Violate Article 5 of the Law
With regard to recruitment and hiring, the actions listed below, for each employment management category (category of workers by type of occupation, qualifications, form of employment, form of working or other basis, which has been established with the intention of managing the employment of workers who belong to said category differently from the employment of workers who belong to other categories; the same applies hereinafter):
(a) Excluding women from eligibility for recruitment or hiring by reason of their being women.
Examples where such exclusion is deemed to occur:
i) Restricting eligibility to men only in recruitment or hiring for a particular type of occupation.
ii) Restricting eligibility to men only in recruitment or hiring for the super track in which the employees are expected to be engaged professional and managerial occupation.
iii) Restricting eligibility to men only in recruitment or hiring that requires applicants to have particular qualifications, such as a university degree.
iv) Restricting eligibility to men only in recruitment or hiring of workers for regular employment.
v) Using an occupational title that indicates the male gender in recruitment or hiring (except in cases where it is clear that women are not excluded thereby).
vi) Displaying expressions such as “Men welcome” or “Occupation suited to men” in recruitment or hiring.
vii) Notwithstanding the fact that women are eligible for recruitment, restricting eligibility for acceptance of applications for consideration etc., to men only.
viii) Excluding women when making hiring decisions based on a policy that women will not be hired.(b) Notwithstanding the fact that both women and men are eligible for recruitment or hiring, establishing a quota for women or a quota for men to be recruited or hired.
Examples where a quota is deemed to be established:
i) Specifying during recruitment the number of persons of each gender that the employer intends to hire.
ii) Recruiting while having established a minimum number of men to be hired.
iii) Selecting women after completing the selection of men.(c) When setting conditions of age, marital status, commuting conditions or other circumstances for the purpose of recruitment or hiring, setting different conditions for women and men.
Examples where different conditions are deemed to be set:
i) In recruitment or hiring where a maximum age limit for applicants is set, setting said age limit lower for women than for men.
ii) Setting the condition of being unmarried for women only.
iii) Setting the condition of commuting from home for women only.
iv) In recruitment or hiring of graduates of universities or other institutions, setting for women only the condition that they entered the university or other institution by a given age, or that they attended the university or other institution for not more than a given number of years.
v) Indicating that women in specified circumstances will be treated differently; for example, “Among women, unmarried applicants preferred,” or “Among women, applicants who commute from home preferred.”(d) Treating women differently from men when providing information related to recruitment or hiring, such as details of job vacancies.
Examples where different treatment is deemed to occur:
i) Restricting mailings of company profiles and similar materials to men only, or sending such mailings to women at a later time than to men.
ii) Making the company profiles and similar materials that are sent to men more detailed than those sent to women.
iii) Restricting attendance at explanation sessions on the details of job vacancies or related subjects to men only, or holding such explanation sessions for women at a later time than those for men.(e) Treating women differently from men in hiring examinations, etc.
Examples where different treatment is deemed to occur:
i) Conducting hiring examinations for women only.
ii) Conducting a separate hiring examination for women only in addition to the hiring examination(s) for both men and women.
iii) At interviews, asking questions about a particular matter to women only.
iv) Setting a different passing standard in hiring examinations for women as compared to men.
v) Hiring men in preference to women when selecting among persons who have met the hiring criteria.(f) Restricting eligibility for recruitment or hiring to women only by reason of their being women.
Examples where eligibility is deemed to be restricted to women:
i) Restricting eligibility to women only in recruitment or hiring for a particular type of occupation.
ii) Restricting eligibility to women only in recruitment or hiring for so-called “the regular track in which the employees are expected assistant and regular office worker”
iii) Restricting eligibility to women only in recruitment or hiring that requires applicants to have particular qualifications, such as high school graduation.
iv) Restricting eligibility to women only in recruitment or hiring of part-time workers or workers who are to be employed for a fixed period.
v) Using an occupational title that indicates the female gender in recruitment or hiring (except in cases where it is clear that eligibility is not thereby restricted to women only).
vi) Displaying expressions such as “Women welcome” or “Occupation suited to women” in recruitment or hiring.
