Japan Supreme Court Rules Restricting Transgender Women from Using Women's Restrooms Unlawful
Transgender Employee Files Lawsuit Over Bathroom Use Restriction
Supreme Court: "Unfairly Overlooking Everyday Disadvantages"
A transgender employee working at Japan's Ministry of Economy, Trade and Industry won a lawsuit challenging restrictions on using the women's restroom at the workplace.
According to local media such as NHK on the 11th, the Supreme Court of Japan ruled that restricting the transgender employee's use of the women's restroom was illegal.
The plaintiff in his 50s, employed at the Ministry of Economy, Trade and Industry, was diagnosed with "gender incongruence" (a person who feels a mismatch between physical sex and gender identity) in 1999 after joining the ministry. However, due to health issues, he did not undergo gender reassignment surgery and only received hormone therapy, so his family registry still listed him as male.
After consulting with his supervisor, the plaintiff began working in women's clothing and using the women's lounge at work starting in 2010. However, regarding restroom use, he was only allowed to use restrooms located at least two floors away from the office floor, citing consideration for other female employees.
The plaintiff requested the personnel department to lift the restroom use restrictions, but when this was not accepted, he filed a lawsuit in 2015. The first trial court ruled that restricting the plaintiff's use of the women's restroom was illegal, but the second trial court upheld the personnel department's decision as lawful.
However, the Supreme Court unanimously ruled in favor of the plaintiff. The Supreme Court stated, "The personnel department's decision excessively prioritized consideration for other employees while unfairly disregarding the everyday disadvantages the plaintiff suffered due to the restroom use restrictions," and ruled it illegal.
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NHK analyzed, "This is the first time the Supreme Court has ruled on a lawsuit concerning the workplace environment of sexual minorities," and predicted, "It is expected to have an impact on other public institutions and companies in the future."
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