With regard to the recruitment and employment of workers, employers must provide equal opportunities for all persons regardless of their sex.

Employers must not discriminate against workers based on their sex regarding the following matters:

An employer must not take measures which concern the recruitment and employment of workers or any of the matters listed in the items of the preceding Article, and based on criteria other than the worker's sex, which are specified by Order of the Ministry of Health, Labour and Welfare as measures that may substantially cause discrimination on the grounds of the worker's sex in consideration of the ratio of men and women who satisfy the criteria and other circumstances, except in cases where there is a legitimate reason to take those measures, such as cases where those measures are specifically required for the purpose of performing the business in light of the nature of the business, or cases where those measures are specifically required for the purpose of employment management in light of the status of business operations.

The provisions of the preceding three Articles do not preclude employers from taking measures in connection with female workers for the purpose of improving circumstances that impede equal opportunity and treatment between men and women in employment.

①Employers must not use marriage, pregnancy or childbirth as grounds for terminating the employment of female workers.

②Employers must not dismiss female workers on the grounds of marriage.

③Employers must not dismiss or treat female workers disadvantageously on the grounds of pregnancy, childbirth, or for requesting absence from work as prescribed in Article 65, paragraph (1) of the Labor Standards Act (Act No. 49 of 1947) or for taking absence from work as prescribed in that paragraph or paragraph (2) of that Article, or by other reasons related to pregnancy and childbirth as specified by Order of the Ministry of Health, Labour and Welfare.

④Dismissal of female workers who are pregnant or are in the first year after childbirth is invalid; provided, however, that this does not apply if the employer proves that the dismissal was not for reasons prescribed in the preceding paragraph.

①The Minister of Health, Labour and Welfare is to formulate guidelines that are necessary for the purpose of ensuring that employers deal appropriately with the matters prescribed in the provisions of Articles 5 through 7 and paragraphs (1) through (3) of the preceding Article (referred to as the "guidelines" in the following paragraph).

②The provisions of Article 4, paragraphs (4) and (5) apply mutatis mutandis to the formulation and amendment of the guidelines. In such a case, the phrase "is to consult the opinions of the Labor Policy Council, and request the opinions of the prefectural governors" in Article 4, paragraph (4) is deemed to be replaced with "is to consult the opinions of the Labor Policy Council."

①Employers must take necessary measures for employment management, such as developing a necessary system for providing consultations to workers and appropriately handling the matters, so that the workers they employ do not suffer any disadvantageous working conditions on the grounds of that workers' response to sexual harassment in the workplace, nor suffer any damage to the work environment due to sexual harassment.

②Employers must not dismiss workers or treat them disadvantageously on the grounds of seeking consultations referred to in the preceding paragraph or giving facts in cooperating with consultations provided by employers.

③On receiving a request for cooperation from any other employer in connection with the implementation of the measures referred to in paragraph (1) taken by that other employer, employers must endeavor to respond to the request.

④The Minister of Health, Labour and Welfare is to formulate guidelines required for appropriate and effective implementation of measures to be taken by employers pursuant to the provisions of the preceding three paragraphs (referred to as the "guidelines" in the following paragraph).

⑤The provisions of Article 4, paragraphs (4) and (5) apply mutatis mutandis to the formulation and amendment of the Guidelines. In such a case, the phrase "is to consult the opinions of the Labor Policy Council, and request the opinions of the prefectural governors" in Article 4, paragraph (4) is deemed to be replaced with "is to consult the opinions of the Labor Policy Council."

①In order to deepen the interest and understanding of employers and the general public regarding acts that give disadvantages prescribed in paragraph (1) of the preceding Article or prohibition of behavior harmful to the work environment prescribed in that paragraph, and other problems attributable to the behavior (hereinafter referred to as "sexual harassment problems" in this Article), the State must endeavor to implement publicity activities, awareness-raising activities and other relevant measures.

②Employers must endeavor to deepen the interest and understanding of sexual harassment problems among workers they employ, as well as conduct training and give other necessary consideration to encourage the workers to pay necessary attention to their behavior toward other workers, and cooperate with the measures referred to in the preceding paragraph taken by the State.

③Employers (in the case of corporations, their officers) must endeavor to deepen their interest and understanding of sexual harassment problems and pay necessary attention to their behavior toward workers.

④Workers must endeavor to deepen their interest and understanding of sexual harassment problems and pay necessary attention to their behavior toward other workers, as well as cooperate with the measures referred to in paragraph (1) of the preceding Article taken by their employers.

①So that job seekers and other persons specified by Order of the Ministry of Health, Labour and Welfare as being similar to them (referred to as "job seekers, etc." in this paragraph, the following paragraph and the following Article) are not impeded in their job-seeking activities and other activities of job seekers, etc. that contribute to their choice of occupation (referred to as "job-seeking activities, etc." in this paragraph and paragraph (1) of that Article) by sexual harassment committed in the course of those job-seeking activities, etc. by workers the employers employ, employers must take necessary measures for employment management, such as developing a necessary system for providing consultations to the job seekers, etc. and appropriately handling the matters.

②Employers must not dismiss workers or treat them disadvantageously on the grounds of giving facts in cooperating with the handling by employers of consultations from job seekers, etc. referred to in the preceding paragraph.

③The Minister of Health, Labour and Welfare is to formulate guidelines required for appropriate and effective implementation of measures required to be taken by employers pursuant to the provisions of the preceding two paragraphs (referred to as the "guidelines" in the following paragraph).

④The provisions of Article 4, paragraphs (4) and (5) apply mutatis mutandis to the formulation and amendment of the guidelines. In such a case, the phrase "is to consult the opinions of the Labor Policy Council, and request the opinions of the prefectural governors" in Article 4, paragraph (4) is deemed to be replaced with "is to consult the opinions of the Labor Policy Council."