Japan's new anti-harassment law and the ironic legitimation of workplace harassment against women managers

Abstract

This paper examines the conflicts and challenges faced by women managers in Japan following the introduction of a new law in 2020 which merely obliges employers to take preventive measures against workplace bullying and pawahara (power harassment), but does not stipulate any criminal punishment for corporations or individuals responsible for workplace harassment, or the specific grounds for victims to have the right to claim damages. Cases are left to be disputed and decided in a costly and complicated process of arbitration, which could further exacerbate the precarious position of vulnerable workers, including women managers who are not only a small minority, but many are also marginal players in the workplace where job promotions do not enhance their participation in corporate decision-making. This paper elucidates how the new law ironically enables employers to legitimize discriminatory practices and acts of harassment against women, with serious, long-term ramifications on the emotional and mental health of these workers, as well as on the gendered workforce in Japan amidst global trends towards improving gender equality.