“Japanese Court Upholds Penalties for Sexual Harassment,” 3 Mar 2015

The Japanese Supreme Court issued its ruling in the Osaka Aquarium sexual harassment case. The ruling…is particularly noteworthy on two points: that it upheld a relatively severe punishment (suspension and demotion) without a formal warning process in advance, and that it recognized purely verbal sexual harassment as a punishable offence…Until this case, physical forms of sexual harassment were sometimes considered adequate grounds for stricter punishment, but verbal forms generally were not…The Supreme Court’s ruling may signal that Japanese jurisprudence is gradually taking a harder line on harassment in the workplace, but the procedural history of the case – almost two years of litigation with different outcomes at different levels – underscores the need for employers to be cautious…[and] the need for Japanese employers to train their management and to take care in drafting and enforcing their company rules...