Chapter II-2 Prohibition of Discrimination Against Persons with Disabilities; Related Matters

In recruiting and hiring workers, an employer must give persons with disabilities equal opportunities to those they give to persons without disabilities.

An employer must not use the fact that a worker has a disability as a reason to engage in treatment that unjustly differentiates that worker from persons without disabilities in terms of wage decisions, implementation of education and training, use of employee welfare and recreational facilities, and other elements of worker treatment.

①The Minister of Health, Labour and Welfare is to establish the guidelines that employers need to appropriately handle the matters provided for in the preceding two Articles (referred to as the "guidelines on the prohibition of discrimination" in the following paragraph).

②The provisions of Article 7, paragraph (3) and paragraph (4) apply mutatis mutandis to the formulation and modification of the guidelines on the prohibition of discrimination. In such a case, the phrase "hear the opinions of the Labor Policy Council and seek the opinions of the prefectural governors" in paragraph (3) of that Article is deemed to be replaced with "hear the opinions of the Labor Policy Council".

At the request of a person with a disability, an employer must take necessary measures that reflect consideration for the characteristics of that person's impairment in their recruitment and hiring of workers, in order to correct circumstances that are an obstacle to ensuring equal opportunities for persons with and without disabilities in their recruitment and hiring of workers; provided, however, that this does not apply if those measures would place an excessive burden on the employer.

An employer must arrange for the necessary equipment for the smooth performance of duties reflecting consideration for the characteristics of the impairments of the workers with disabilities they employ, appoint persons to assist the workers with disabilities, and take other necessary measures in order to correct circumstances that are an obstacle to ensuring equal treatment for workers with and without disabilities or that are an obstacle to making effective use of the abilities of workers with disabilities; provided, however, that this does not apply if those measures would place an excessive burden on the employer.

①In taking the measures provided for in the preceding two Articles, an employer must fully respect the inclinations of the person with a disability.

②An employer must respond when consulted by a worker with a disability that they employ regarding the measures provided for in the preceding Article and take the necessary measures in terms of personnel management, including making the systemic arrangements they need to respond appropriately.

①The Minister of Health, Labour and Welfare is to establish guidelines that employers need to appropriately and effectively implement the measures that they are to take pursuant to the provisions of the preceding three Articles (referred to as the "guidelines on ensuring equal opportunities" in the following paragraph).

②The provisions of Article 7, paragraph (3) and paragraph (4) apply mutatis mutandis to the formulation and modification of the guidelines on ensuring equal opportunities. This being the case, the phrase "hear the opinions of the Labor Policy Council and seek the opinions of the prefectural governors" in paragraph (3) of that Article is deemed to be replaced with "hear the opinions of the Labor Policy Council".

On finding it to be necessary to do so in connection with the entry into effect of the provisions of Article 34, Article 35, and Articles 36-2 through 36-4, the Minister of Health, Labour and Welfare may give an employer advice, guidance, or recommendations.