Harassment issues and consultation services that foreigners should know about

Have you ever heard of “ハラスメント(harassment)”?
Harassment is "嫌がらせ (iyagarase)" in Japanese.
It means to make people feel bad about themselves, causing them to suffer mentally and physically. Harassment, especially in the workplace, can prevent workers from fully exercising their skills and feeling safe. It is therefore considered an unacceptable behavior. Foreign nationals working in Japan should also be aware of harassment and how to deal with it to protect themselves.
This article introduces the issue of harassment and the counseling services that foreigners should know about.

Harassments that have become a problem

Power Harassment

Power harassment is harassment by a person in a strong position, such as a supervisor, senior employee, or business partner.
It is about taking advantage of a strong position and making it impossible to disobey or refuse, so that they are given more work than they need or don't need. For example:

• Getting angry several times in front of other people.
• Having your work taken away from you and not being able to do anything all day.
• They lock you in a room for long periods of time and force you to work.

However, it is not power harassment if, in the eyes of others, it is a necessary and appropriate instruction for the job.

Sexual Harassment

Sexual harassment is harassment regarding comments of a sexual nature or sexual behavior.
Harassment can make the harassed person feel uncomfortable or make it difficult for them to work at the workplace. For example:

• Persistently asked out to dinner or on a date.
• Being touched when it was not necessary.
• Comments about their appearance, such as, "Your skirt is very short today".

When this is done by a business partner or customer, it is also sexual harassment.
Sexual harassment is not only directed toward the opposite sex, but also toward the same sex.

Harassment for pregnancy and childcare leave, etc.

Harassment for pregnancy, childbirth, childcare leave, etc. is harassment of those who have become pregnant or given birth, or those who use childcare leave, nursing care leave, etc.
Words or actions from supervisors or co-workers can make it difficult to work or take leave. For example:

• When you tell your supervisor that you want to take maternity leave, you are told, "If you take the leave, I will ask you to quit".
• When you tell your supervisor that you want to take childcare leave, you are told "There will be no more promotions".

In addition, it is important to remember about "disadvantageous treatment". For example:

• When informing your boss that you are pregnant, your contract was not renewed.
• When returning to work after childcare leave, the position was downgraded.

etc., which actually puts the worker in a position to lose out, is not "harassment" but "disadvantageous treatment".
　
"Disadvantageous treatment" is a violation of the Equal Employment Opportunity Law and the Child Care and Family Care Leave Law.

（Source：厚生労働省　あかるい職場応援団　ハラスメントの定義）     

Customer Harassment

Customer harassment is harassment in which a customer (customer) makes inappropriate demands or malicious complaints about a company or store. It is not clear, though, as it depends on the company's handling of the situation and its standards. For example:

• They often come to the store and complain every time
• Demanding a more-than-necessary response to mistakes, like demanding a deep apology, such as kneeling, for a mistake.
• Blaming the company or store for the customer's own mistakes
  
  and other words and actions are also considered customer harassment.

（Source：厚生労働省　「カスタマーハラスメント対策企業マニュアル」）

Job Hunting Harassment

Job hunting harassment is when a company engages in sexual or power harassment of job-seeking or internship students or others. For example:

• During the internship, someone said something that negated your personality.
• During an interview, someone asked to decline an offer from another company because they would make an offer from their own company
• Asked if they had a girlfriend during the interview.

This is the kind of harassment you should be aware of when you are job hunting or doing an internship.

（Source：厚生労働省　「就活ハラスメント　対策リーフレット」）

Racial Harassment

Racial harassment is discrimination or harassment against a person's race or nationality.
Although not officially defined as harassment, the term has become more commonly heard due to the increasing number of foreigners in Japan. For example:

• They say discriminatory things like, "You can't do it because you are a person from XX(country or area)."
• Teased because their name is not Japanese.

Currently, the government has not taken any clear measures against this harassment.
However, foreigners working in Japan should be aware of what measures will be taken in the future.
（Source：人権NGOの多民族共生人権教育センター「パワハラ指針にレイシャルハラスメントを明示することを求める意見書を提出」）
 
It is also against the law to have your salary lowered because you are a foreigner.

What should I do if I am harassed?

Tell them clearly that you want them to stop.

Keeping silent can make the situation even worse.Therefore, if possible, clearly tell the harasser to "please stop" or something similar.

Talk to someone at the company.

If it is difficult to tell the person directly, consult with the company's counseling office.
If you do not have a consultation service, talk to your human resources or labor relations representative or someone you trust.

Consult with outside agencies.

If it is difficult to consult internally or if the situation does not improve after consultation, consult an outside organization.

Ministry of Health, Labor and Welfare, General Labor Consultation Corner 
At the General Labor Consultation Corner, you can consult about problems in the workplace.
Ministry of Health, Labour and Welfare, "Information on the General Labour Consultation Corner"
🔗厚生労働省「総合労働相談コーナーのご案内」

Human Rights Counseling for Foreign Nationals, Ministry of Justice
You can discuss issues such as being unfairly discriminated against because you are a foreigner.
Ministry of Justice, "Human Rights Counseling for Foreign Nationals"
🔗法務省「外国人のための人権相談」

The Ministry of Health, Labor and Welfare's "Akarui Shokuba Ouen Dan" consultation service information page introduces consultation services.
Ministry of Health, Labor and Welfare, Akarui Shokuba Ouen Dan "Consultation Service".
🔗厚生労働省　あかるい職場応援団　「相談窓口のご案内」

 When using an outside agency, be prepared to do the following to help the person in charge organize the information.

• Date and time when what you felt was harassment occurred
• Where it happened.
• Which things were said or coerced?
• Who told you or forced you to do it?
• Who was watching at that time?

(Reference: 厚生労働省「あかるい職場応援団　相談窓口案内ページ」）

And lastly

It is quite possible for a foreigner to be harassed.
 
If you are harassed, your mind and body may suffer and your personal as well as professional life may be adversely affected.
 
If you are harassed, first clearly tell the harasser that you want it to stop.
If it is difficult to communicate directly, consult the company's counseling center or an outside organization.
 
By doing so, you will be able to deal with the problem early and protect your own mind and your own rights.