Former ASDF member alleges the force failed to prevent contact after he molested her in 2020
A former member of the Japan Air Self-Defence Force (ASDF) has filed a lawsuit against the government and a male colleague, claiming the ASDF failed to prevent contact by the colleague who molested her in 2020.
The incident occurred in 2020 at a base in the Kyushu region, where the male superior kissed and touched her inappropriately in an on-base recreation room, The Mainichi reported.
Despite reporting the incident to the force's sexual harassment consultation desk, the woman claims the man continued to contact her at work.
This includes an incident where the man called her workplace extension in August 2021 to directly offer her a settlement after she rejected the man's lawyer's efforts.
The lawsuit for 12.1 million yen (approximately $78,300) was filed with the Fukuoka District Court in 2023, according to The Mainichi's report. The former ASDF employee alleged in the case that the organisation ignored her reports of sexual harassment and failed to transfer the offender.
Meanwhile, the man admitted to kissing the woman without her consent but argued that he believed the act was permissible. He also claimed that he was unaware that calling the woman about a settlement was prohibited.
The SDF also acknowledged the molestation but claimed that appropriate measures were taken, such as removing the man from driving during March, as well as suspending the man for a year.
It also noted that the guidelines under Japan's equal employment opportunity law do not apply to public servants or the military.
The law sees to it that employers take necessary measures to ensure that workers do not suffer any disadvantageous working conditions on the grounds of that workers' response to sexual harassment in the workplace, nor suffer any damage to the work environment due to sexual harassment.
Among these necessary measures include developing a system for providing consultations to workers and appropriately handling the matters raised to them.
However, the ASDF acknowledged the molestation but argued that labour ministry guidelines do not apply to public servants or the military, as they only apply to private businesses.
Hirofumi Sato, a member of a legal group addressing harassment issues in the SDF, said sexual harassment protections should apply to all workers, even if they are public employees.
"This case is particularly problematic because the SDF failed to implement the standard practice of separating the victim and offender soon after the incident came to light," Sato said as quoted by The Mainichi.
