The policy grew out of Japan's history of discrimination against buraku communities, whose members could be identified through family registers and place of origin. The labour ministry's position is that hiring should be judged only on aptitude and ability, and it publishes 14 matters that can lead to discrimination. They fall into three groups. Matters the applicant is not responsible for: domicile of origin and birthplace, family (occupations, health, income, assets), housing and home environment. Matters that should be free: religion, political party, views on life, thought, the people they respect, what newspapers and books they read, and union or student-movement activity. And methods: background investigations, application forms that ask for the matters above, and health checks with no reasonable connection to the job.
Part of this is hard law. Guidelines under the Employment Security Act, which apply to employers recruiting staff as well as to agencies, prohibit collecting information on race, ethnicity, social status, family origin, domicile and similar matters, beliefs and union membership, unless there is a specific occupational need and the person is told why. The Act also bars age limits in recruitment except in listed cases, and the Equal Employment Opportunity Act bars restricting recruitment by sex.
Prefectural labour bureaus and Hello Work give training on the rules and follow up complaints.
What it means for a foreign employer
- Global interview guides may need editing. Questions about family plans, a spouse's job or where someone grew up are routine small talk in some markets and listed concerns in Japan.
- Background checks have limits. Verifying employment and qualifications is normal. Investigating family, origin or personal beliefs is not. Brief any screening vendor accordingly.
- Keep age out of the advert. A "maximum 45" line breaches the age rules unless an exception applies and is stated.
- Interviewers will ask anyway unless trained. Older Japanese managers sometimes ask about family as courtesy. Train the panel, including regional members.
Sources
- Ministry of Health, Labour and Welfare, guidance on fair recruitment screening (matters to consider in selection).
- Employment Security Act, Article 5-5, and Ministry of Labour Notice No. 141 of 1999 (guidelines on handling job seekers' personal information).
- Act on Comprehensive Promotion of Labour Policies, Article 9 (age in recruitment).
- Equal Employment Opportunity Act, Article 5.