Reasonable accommodation for persons with disabilities in Japan

In June 2013, the Act on Employment Promotion etc. of Persons with Disabilities was amended to prohibit employment discrimination against persons with disabilities and oblige employers to provide “reasonable accommodation.” Until then, Japan’s policy on employment of persons with disabilities had been focused on employment quotas, and the addition of this new element prohibiting discrimination signaled a major turning point for the policy. In this paper, the framework and characteristics of Japan’s anti-discrimination legislation on employment of persons with disabilities will first be clarified, including a comparison with legal systems in the USA and other countries. Next, problems concerning “reasonable accommodation” (which plays an important role in disability discrimination law) will be highlighted with reference to “Draft Guidelines” currently being discussed with a view to formulation. Finally, the position that should be occupied by reasonable accommodation within Japan’s unique employment system and legal system—including the legal principle of abuse of dismissal rights (Labor Contract Act, Article 16) and the obligation to consider safety (health) (Article 5 of the same)—will be discussed.