e-Learning Blog

First, let's understand the basics of Maternity Harassment.

●What is Maternity Harassment?

Maternity harassment (Maternity Harassment) refers to the unfair treatment and harassment that female employees receive in the workplace due to their pregnancy, childbirth, or use of childcare leave.

Let's take a look at the reality of maternity harassment.
According to a survey, 26.3% of female workers who were pregnant or gave birth in the past 5 years reported experiencing maternity harassment while on the job. This means that approximately 1 in 4 female employees have experienced maternity harassment.

Ministry of Health, Labour and WelfareSurvey on the Actual Situation of Workplace Harassment
Extracted from the 2020 Report, p.120, Figure 124, and graphed

As for the actual content of Maternity Harassment, the most common was "behavior by superiors that obstructs the use of systems or requests for the use of systems" (24.3%), followed by "repeated or continuous harassment (harassing behavior, not allowing work, only assigning menial tasks)" (24.0%). It is also noteworthy that the type of harassment varies depending on the age group of the respondents.

Ministry of Health, Labour and WelfareSurvey on the Actual Situation of Workplace Harassment
Report for Fiscal Year 2020 p.122 Figures and Tables 126

This type of maternity harassment can be divided into two categories: "harassment towards using maternity and childcare leave" and "harassment towards pregnancy and childbirth".

〈Types of Maternity Harassment 1〉Harassment type towards using maternity and childcare leave systems

Obstructing the use of systems and measures covered by the Equal Employment Opportunity Law and the Childcare and Family Care Leave Law, and harassing workers who use them. There are mainly three cases:

(1) Suggestions of Dismissal or Other Detrimental Treatment
The act of suggesting dismissal or other detrimental treatment to employees who have requested or used the system by their superiors.

▶Specifically...
・When I consulted my boss about taking maternity leave, they said "If you take time off, you'll have to quit."

(2) Requesting or obstructing the use of systems, etc.
Requesting the use of systems or obstructing employees who have used them by persuading their superiors or colleagues not to request or use them.

▶Specifically...
・When I requested childcare leave, my boss said, "If you take childcare leave, don't expect to be promoted."
・When I requested childcare leave, my colleague said, "Don't request it because it will inconvenience those around you."

(3) Harassment based on the use of systems, etc.
Harassment by superiors or colleagues towards employees who use systems, etc.

▶Specifically...
・My boss told me, "I can't give big tasks to someone who is limiting their overtime work."
・My colleague told me, "Everyone is inconvenienced because of your short working hours."

〈Types of Maternity Harassment.2〉Harassment related to pregnancy and childbirth

The work environment being harmed by the words and actions of those around female employees who have become pregnant or given birth. There are mainly two cases:

(1) Suggestions of Dismissal or Other Detrimental Treatment
The act of a superior suggesting dismissal or other detrimental treatment to a female employee who is pregnant or has given birth.

▶Specifically...
・When I reported my pregnancy to my boss, I was told "It would be better for you to resign quickly because we will hire a replacement."

(2) Harassment based on pregnancy and childbirth
Harassment by superiors or colleagues towards female employees who have become pregnant or given birth.

▶Specifically...
・I was told by my boss that "pregnant women cannot be trusted with work because we don't know when they will take leave," and was only given menial tasks to do.
・I was told by my colleague that "if you were going to get pregnant, you should have avoided a busy time."

In addition, cases where male workers become victims are called "paternity harassment". Paternity harassment refers to "harassment type" that hinders the use of maternity and childcare leave, for example, if a man wishes to take childcare leave, any act that obstructs its use falls under paternity harassment.

※For more information on the "Childcare and Nursing Leave Law" which is also closely related to the issue of maternity harassment, please see the following blog post:
＞Explanation of 5 Key Revisions to the 2022 Revised Childcare and Nursing Leave Law

● What is the obligation to prevent maternity harassment?

In recent years, consultations to labor bureaus regarding maternity harassment have been increasing. In the fiscal year 2015, the number of consultations received by labor bureaus nationwide reached 4,269, a 19% increase from the previous year, attracting attention as a major issue.

With such background, in January 2017, all companies were required to take measures to prevent maternity harassment due to the amendment of the Equal Employment Opportunity Law for Men and Women.

● Measures that companies should take to prevent maternity harassment

With the obligation to implement measures to prevent maternity harassment, the Ministry of Health, Labour and Welfare has provided the following guidelines for the key measures that companies should take.

(Measure 1) Clarification of the Policy Prohibiting Maternity Harassment and Dissemination within the Company
We will clearly communicate to all employees that maternity harassment is not tolerated. Including specific examples of maternity harassment can help promote understanding. It may also be effective to change the company's rules to include maternity harassment as a disciplinary offense.

(Measure 2) Establish a system to respond to consultations regarding maternity harassment and take appropriate measures
It is important to establish a consultation desk for maternity harassment and prepare a system in which the person in charge of the consultation desk can respond appropriately depending on the content and situation. In addition, it is necessary to respond to consultations widely, not only when maternity harassment actually occurs, but also when there is a possibility of its occurrence or when it is unclear whether it falls under maternity harassment.

(Countermeasure 3) Appropriate and prompt response when Maternity Harassment occurs
When Maternity Harassment occurs, the key is to first conduct interviews with the victim, perpetrator, and witnesses to quickly and accurately confirm the facts. If the facts are confirmed, promptly provide care to the victim. Additionally, take appropriate measures against the perpetrator. And don't forget to implement measures to prevent recurrence.

(Countermeasure 4) Measures to Eliminate the Background Factors of Maternity Harassment
Measures to eliminate the background factors of maternity harassment include improving work systems and promoting awareness of various systems. Through these measures, smooth communication between employees and the cultivation of a mindset of "performing appropriate work" can be expected to prevent the occurrence of maternity harassment.
For example, it can be expected that maternity harassment will occur when the workload of another employee increases due to the poor health of a pregnant or postpartum employee. Therefore, it can be said that improving the system and reviewing work distribution are effective measures against maternity harassment.

(Countermeasure 5) Awareness of rules related to privacy protection in relation to maternity harassment
Let's take measures to protect the privacy of the person seeking consultation. Specifically, it is important to create a manual on privacy protection and provide training on privacy protection to the person in charge of receiving consultations. It is also important to inform employees that they will not be disadvantaged for seeking consultation on maternity harassment or cooperating in the investigation of the facts.

Even if measures are taken to address maternity harassment, employees cannot feel at ease to consult if there is no system in place or if there is a possibility of information leakage. This can lead to the occurrence of "seeds of maternity harassment" in order to prevent problems from surfacing. First and foremost, there is a need for a consultation window where employees can feel safe to confide their concerns and anxieties about maternity harassment.

Employees who have been affected by maternity harassment may experience various effects on their mind and body.
According to the results of a survey on the effects of maternity harassment, the highest percentage (63.2%) reported feeling "anger, dissatisfaction, or anxiety", followed by a decrease in "motivation for work" (47.4%) and a decrease in "communication in the workplace" (30.4%).

Ministry of Health, Labour and WelfareSurvey on the Actual Situation of Workplace Harassment
Report for Fiscal Year 2020, p.136, Figures and Tables 143

It is a significant risk for companies when employees, who are important assets, suffer from health problems and as a result, their work is affected. Therefore, it is crucial for the entire company to acquire correct knowledge about maternity harassment and to take conscious actions on a daily basis.

One recommendation is to implement training on maternity harassment.
Training not only focuses on acquiring knowledge and complying with laws, but also has various benefits such as improving employee health and motivation, and promoting the active participation of female employees. It can also be an effective preventive measure for managers, who are particularly prone to becoming perpetrators.

●Benefits expected from training on maternity harassment

〈Benefits 1〉Employee Awareness Improvement
Through training, understanding of the seriousness and impact of Maternity Harassment and how it manifests in behavior and speech will deepen. Additionally, one can learn the importance of understanding and offering support to victims.

〈Benefits 2〉Improvement of Working Environment and Communication
By being aware of Maternity Harassment, it can serve as an opportunity to review the working environment and communication among employees. This can lead to increased motivation and productivity among employees, and can also bring benefits such as lower turnover rates and improved employee satisfaction.

〈Benefits.3〉Promotion of Female Employees
Preventing Maternity Harassment will support the success of female employees. By creating a long-term and secure working environment, it will lead to the development of female employees' careers and the demonstration of their leadership skills.

〈Benefits 4〉Risk Reduction
When maternity harassment occurs, companies may be exposed to legal risks. By preventing maternity harassment through training, such risks can be reduced.

As such, training on maternity harassment can have positive effects for both companies and employees.

The major life event of pregnancy and childbirth is a joyous occasion for the parties involved, but it can also be a catalyst for changes in work style. In such cases, if those around have understanding and knowledge about pregnancy and childbirth, it can prevent maternity harassment and create a healthy internal environment.

Therefore, we have informed you that implementing training on maternity harassment is effective.
In particular, training utilizing e-learning is highly convenient and efficient, allowing for learning anytime and anywhere.

At Human Science Co., Ltd., we offer an e-learning course "STOP! Maternity Harassment - Creating a Comfortable Workplace" where you can easily learn about maternity harassment. In addition to the basics of maternity harassment, we also provide easy-to-understand explanations of various systems related to pregnancy and childbirth.
Furthermore, we have included information on who to consult when experiencing or witnessing maternity harassment, making it a practical course.

For more information, please refer to Human Science Co., Ltd.'s e-learning site.
＞e-learning material "STOP! Maternal Harassment - Creating a Comfortable Workplace"