紀要論文

妊娠・出産・育児期における女性のキャリア形成の課題 : 妊娠差別に関する最高裁判決を受けて

Women’s Career Issues During Pregnancy, Childbirth, and Childcare: The Supreme Court' s Judgment on Pregnancy Discrimination

jpn

13493051

https://doi.org/10.15002/00010736

法政大学キャリアデザイン学会

12

2

13

24

2015-03

Version of Record

In October 2014, Japan's Supreme Court decided that being demoted due to pregnancy is a violation of the Equal Employment Opportunity Law. The case garnered attention for addressing so-called "maternity harassment," wherein women are given disadvantageous treatment because of pregnancy or childbirth. The judgment concluded that the female worker's demotion due to her transfer to lighter duty during her pregnancy was the kind of disadvantageous treatment prohibited in principle by the Equal Employment Opportunity Law. The Supreme Court decided that The Equal Employment Opportunity Law forbids demotions while pregnant except "where there is mutual consent based on the employee?s own free intention" or "in special job-related circumstances". This paper considers the effects this judgment has on career development for women during pregnancy, childbirth, and childcare. In particular, I note how the decision attaches great importance to "mutual consent based on the employee's free intention" with regard to a woman's position and work distribution during pregnancy, childbirth, and childcare.The number of women who work after pregnancy and childbirth has been increasingin recent years, and with it the number of employers and managers with an awareness of the issues surrounding the type of work that's best given employees during pregnancy and while caring for children. There are instances where work is unilaterally changed or employees are transferred into new positions without confirming their intentions. However, such behavior threatens to lower the employee's work motivation and can have repercussions on her long-term career development as well. The Supreme Court decision could lead to further review of such situations. With this decision, satisfactory treatment with regard to working styles during pregnancy and childcare will likely become even more crucial: treatment built on an understanding of the employee?s intentions for her long-term career outlook.

Article

AA11961965