Top court says it's 'extremely inappropriate' to restrict employee from using women's restrooms
Japan's Supreme Court ruled this week against a government agency that restricted a transgender employee from using certain women's restrooms, according to reports.
The employee, a Ministry of Economy, Trade, and Industry official, was assigned male at birth and started living as a woman outside of her work from around 2008, Japan's public broadcaster NHK reported.
In 2009, she informed her employer that she wanted to identify as female at work and requested to use the women's restrooms.
Her supervisor granted her request but informed her that she could only use the women's toilets that were at least two floors away to avoid potentially embarrassing co-workers who were also using the same bathroom, The Associated Press reported.
The employee raised her situation to the National Personnel Authority (NPA) in a bid to improve it, NHK reported, but she was rejected by the agency.
Legal journey
The employee took the case to the Tokyo District Court in 2015, which ruled in her favour in 2019.
The restrictions on her restroom use were unlawful, according to the court, which also ordered the government to pay JPY1.3 million, NHK reported.
This ruling, however, was later overturned by the Tokyo High Court, which said the ministry was responsible for maintaining an appropriate environment for all employees.
Following the decision, the employee took the matter to the Supreme Court, where she argued that the restrictions were illegal and harmed her dignity.
Supreme Court's ruling
The Supreme Court in a decision released on Tuesday sided with the employee - noting that the government's reason to let her use a restroom several floors away was "extremely inappropriate," the AP reported.
The court, as cited by the AP, said the ministry was excessively considerate of other employees and unjustly neglected the plaintiff's inconvenience even though there had been no trouble or complaint.
The Supreme Court also called the NPA's approval to the ministry's restrictions as "illegal" and an "abuse of power."
This is the Japanese Supreme Court's first-ever ruling on the work environment for LGBTQ+ individuals. NHK reported the decision as an "unprecedented ruling on the rights of LGBTQ people in the workplace."
But the decision wasn't meant to be generalised and is supposed to be looked at in an individual case, The Japan News reported.
According to the report, the Supreme Court considered the specific circumstances of the employee, including the doctor's diagnosis that she was unlikely to be sexually violent.
Presiding Justice Yukihiko Imasaki, in his supplemental opinion, stressed that in case understanding of employees aren't obtained, there is a need to listen to concerned parties and other staff members to find the best solution.
"This type of problem cannot be resolved without the understanding of many people, and it is desirable that society as a whole discuss and reach a consensus on the issue," Imasaki said as quoted by The Japan News.
Necessary measures needed
Following the Supreme Court's ruling, the employee's camp said they believe the parties involved will take the necessary measures for the minority.
"I don't think they can ignore the weight of the ruling," she said as quoted by NHK.
The ministry told news outlets that it would continue to make efforts to respect the diversity of its staff.
"We will carefully examine the ruling and take appropriate measures after consulting with the relevant ministries and agencies," the ministry said as quoted by Reuters.
Chief Cabinet Secretary Hirokazu Matsuno also echoed that the government will carefully examine the ruling before responding.
"We will firmly work to achieve a society where diversity is respected, and everyone, including those who are members of sexual minorities and those in the majority, value each other's human rights and dignity and enjoy a vibrant life," he said as quoted by The AP.
