JapanIs it illegal to have different hiring criteria by gender?
Yes, it is illegal in Japan to set different hiring criteria by gender, as this violates the Equal Employment Opportunity Law and the Constitution.
What the Law Says
Japanese law strictly prohibits gender-based discrimination in employment, including hiring decisions.
The Constitution of Japan guarantees equal rights for all people regardless of sex. Article 14 states: 'All of the people are equal under the law and there shall be no discrimination in political, economic or social relations because of race, creed, sex, social status or family origin.'
The Equal Employment Opportunity Law (EEO Law) specifically bans gender-based distinctions in recruitment and hiring. Section 7 says: 'An employer shall not engage in discriminatory treatment with respect to recruitment and hiring on the basis of sex.'
This prohibition applies to all employers in Japan, including private companies, government agencies, and local public entities. There are no statutory exceptions that allow different hiring criteria based on gender.
Statutory TextAll of the people are equal under the law and there shall be no discrimination in political, economic or social relations because of race, creed, sex, social status or family origin.
— Constitution of Japan, Art. 14 — Equality under the law
Statutory TextAn employer shall not engage in discriminatory treatment with respect to recruitment and hiring on the basis of sex.
— Equal Employment Opportunity Law, s. 7 — Prohibition of discriminatory treatment in recruitment and hiring
What to Do
Review all job advertisements, application forms, and screening criteria to ensure no gender-specific language or requirements (e.g., 'male candidates preferred', 'suitable for women')
Train HR staff and hiring managers on the EEO Law’s requirements and constitutional equality principles
Document objective, gender-neutral criteria for each role (e.g., qualifications, experience, skills) before beginning recruitment
If uncertain about a specific practice, consult the Ministry of Health, Labour and Welfare’s Equal Employment Department or a qualified labor attorney
Sources
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US-New YorkNot legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.