Japan Supreme Court Rules Restricting Transgender Individuals from Using Women's Restrooms Is Illegal

"Unfair Order for Bathroom Located More Than Two Floors Away" Ruling
Unanimous Judges... Private Companies and Public Institutions Face Challenges

The Supreme Court of Japan, equivalent to the highest court, ruled that restricting a transgender female employee from using the women's restroom at her workplace was illegal. This is the first time the Japanese Supreme Court has ruled on a lawsuit concerning the working environment of sexual minorities, and Japanese media anticipate that it will influence how private companies and public institutions treat sexual minorities in the future.

Trial regarding the restriction on restroom use by a transgender employee held at the Supreme Court of Japan on the 11th. (Photo by NHK)

According to NHK on the 12th, the day before, the Japanese Supreme Court ruled that the Ministry of Economy, Trade and Industry's (METI) restriction on a transgender employee in her 50s using the women's restroom was illegal.

The employee who filed the lawsuit was diagnosed with "gender identity disorder," meaning her physical sex and the gender she identifies with do not match, after joining METI in 1999, and she has been regularly receiving female hormone injections. Since 2010, she has informed METI of her condition and worked in female attire. However, due to health reasons, the plaintiff has not undergone gender reassignment surgery and is registered as male on her resident registration.

The employee requested METI to allow her to use the women's restroom, but METI instructed her to use a women's restroom located more than two floors away from her workplace, citing the need to consider other female employees. The plaintiff then requested the Personnel Authority, equivalent to the Ministry of Personnel Management, to revoke METI's restriction, but the request was rejected in 2015. Consequently, she filed a lawsuit claiming the state's response was unjust.

The key issue in the Supreme Court hearing was whether the Personnel Authority's ruling that "METI's restroom restriction is not problematic" was illegal. Presiding Judge Yukihiko Imazaki pointed out, "The employee is disadvantaged in daily life because she has no choice but to use the men's restroom, which does not match her gender identity, or the women's restroom located far from her workplace."

Considering that the employee currently uses the women's restroom without causing conflicts with other employees, he stated, "The Personnel Authority's judgment excessively prioritized consideration for other employees and underestimated the employee's disadvantage," deeming the measure unjustified and canceling the Personnel Authority's ruling.

On the 11th, the plaintiff is testifying at the Supreme Court of Japan. (Photo by NHK)

All five participating judges unanimously agreed with this judgment. This completely overturned the second-instance ruling that the Personnel Authority's judgment was not illegal.

In the first instance, the Tokyo District Court ruled, "Living socially according to the gender one identifies with is an important legal interest that must be protected," canceled the Personnel Authority's ruling, and ordered the state to pay approximately 1.3 million yen in damages.

However, in the second instance, the Tokyo High Court overturned the first-instance ruling, stating, "METI has the responsibility to create an appropriate workplace environment for all employees, considering the anxiety of other employees," which sparked controversy. With the Supreme Court's ruling, the Personnel Authority's judgment was canceled, and METI must reconsider its response.

After the ruling, the Personnel Authority stated, "We want to discuss the content of the ruling thoroughly and respond appropriately." METI also said, "We will respond with respect for employee diversity in consultation with related ministries." However, Chief Cabinet Secretary Hirokazu Matsuno said at an afternoon press conference, "Related ministries will respond appropriately," but added, "We accept that the state's claim was not recognized."

Japanese media reported that the Supreme Court's ruling will influence how public institutions and private companies treat sexual minorities in the future.

NHK cited surveys from Kanazawa University and private companies, stating, "When asking about the use of gender-neutral restrooms last November among about 56,000 people who are not transgender, 71.5% responded that they had no discomfort regarding workplace restrooms, and 66.9% for public restrooms," noting that "these figures greatly exceed those who responded that they felt discomfort."

Gender-neutral restroom 'Restroom Plus' installed in an office building in Chuo-gu, Tokyo. (Photo by NHK)

NHK also reported on changes beginning in private companies. An office building that opened last year in Chuo Ward, Tokyo, has a gender-neutral restroom called "Restroom Plus." Considering that names like "genderless restroom" might make it difficult for sexual minorities to use, this name was chosen. The building also has barrier-free restrooms for people with disabilities on each floor. A real estate development company official managing the building told NHK, "There are various opinions about diversity, but we thought it necessary to start practicing what we can."

NHK evaluated, "This is the first time the Supreme Court has ruled on a lawsuit concerning the working environment of sexual minorities, which can support the establishment of a better environment for sexual minorities to work," and "It is expected that responses conscious of this will spread to other public institutions and private companies besides METI."

After winning the case, the plaintiff held a press conference, saying, "This time it is a ruling concerning transgender people, but it can be applied to other human rights issues where discrimination remains," and "Living socially according to the gender one identifies with is not limited to restroom issues."

This content was produced with the assistance of AI translation services.