By: Nafees, Melissa, Carly,

1
Japan Disability Employment

• By Nafees, Melissa, Carly, Elisa

2
Japan in General
3
Japan in General
4
Traditional Roles
5
1945 Japan Surrenders
6
1946 New Japanese Constitution
Article 13 All of the people shall be respected
as individuals. Their right to life, liberty, and
the pursuit of happiness shall be the supreme
consideration in legislation and in other
governmental affairs.
Article 14there shall be no discrimination in
political, economic or social relations because
of race, creed, sex, social status or family
origin
Article 27 All people shall have the right and
obligation to work
Article 98 The treaties concluded by Japan and
established laws of nations shall be faithfully
observed
7
Japanese National Laws

• Constitutional (1946) Article 27 right and
  obligation to work
• Physically Handicapped Persons Employment
  Promotion Law(1960)
• Quota system (Gov. 2.1, Private w/63 employees
  1.8)
• Employers must annually report the number of
  disabled workers they employ to the Public
  Employment Security Office (PESO).
• Levy and Grant System
• Grants for work facilities, employment
  management, vocational adjustment, ability
  development, etc.
• Statutory
• Set in 19th century

8
Disability Laws in Japan Cont

• Employment Countermeasures Law(1966)
• Improve training and find employment by
• Vocational training facilities
• Training and Equipping Guidance Workers
• Funding Adjustment Training
• Subsidizing Employee Training
• Human Resources Development Promotion Law (1969)
  
• Develop Vocational Skills
• 13 Vocational Ability Development Schools for
  PWD.
• Employment Insurance Law (1974)
• Provides unemployment benefits and social
  security to individuals who have lost their jobs.
  
• Persons with disabilities receive additional days
  of payment.

9
Disability Laws in Japan (Cont.)

• Fundamental Law for Persons with
  Disabilities(1970)
• Definition of Disability (Article 2)
• Persons whose daily life or life in society is
  substantially limited over the long term due to a
  physical disability, mental retardation or mental
  disability
• Discrimination (Article 3)
• No one shall be allowed to discriminate against
  persons with disabilities or violate their rights
  and benefits on the basis of disability
• Article 14
• State must provide vocational guidance, training
  and employment referral to enable disabled
  persons to engage in appropriate occupations
  according to their abilities.
• Article 15
• The State shall give disabled individuals
  priority in employment in occupations which are
  suited for them.

10
U.S. Disability Laws

• Americans with Disability Act (1990)
• Title I (Employment)-No covered entity shall
  discriminate against a qualified individual with
  a disability because of the disability of such
  individual in regard to...
• Job application procedures, the hiring,
  advancement, or discharge of employees, employee
  compensation, job training, and other terms,
  conditions, and privileges of employment.
• Reasonable accommodation unless undue hardship
• Americans with Disability Act Amended (2008)
• Clarifies who is covered by the ADA
• Broader definition of disabled
• Mitigating measures, including assistive devices,
  auxiliary aids, accommodations, medical therapies
  and supplies (other then eyeglasses and contact
  lenses) have no bearing in determining whether a
  disability qualifies under the law

11
U.S. Disability Laws (Cont.)

• Rehabilitation Act (1973)
• Prohibits discrimination on the basis of
  disability in
• Programs conducted by federal agencies
• Programs receiving federal financial assistance
• Federal employment
• Employment practices of federal contractors.
• Equal Employment Opportunity Commission (EEOC)
• Responsible for enforcement of federal
  anti-discrimination laws
• Prohibits discrimination on the basis of
• Race, Color, Religion, Sex (including pregnancy),
  National Origin, Age (40 or older), Disability,
  Genetic Information, Lawsuit

12
Comparison

• Japanese Law v. American Law

13
Integration into the Workforce

• Japanese Law

• American Law

• The Physically Handicapped Persons Employment
  Promotion Law for Japan
• Quota System
• Levy and Grant System
• The PESO
• Employer must annually report the number of
  disabled people working for them

• The ADA
• Qualified Individual
• Reasonable Accommodation
• Undue
• The EEOC
• Issues regulations and are responsible for
  enforcing federal laws

14
Intentions

• Title I of the ADA
• Employers with 15 or more employees have to
  provide qualified individuals with disabilities
• An equal opportunity to benefit from a full range
  of employment

• Article 27 of the Japanese Constitution
• All people have the right and obligation to work
• Focus on employment, not ensuring equal treatment
  in the workplace

• Japanese Law

• American Law

15
Unemployment Social Security

• Japanese Law

• American Law

• Employment Insurance Law
• Social security
• Pension system
• Health services
• Personal social services

• SSDI
• SSI
• Unemployment Benefits
• Welfare

16
Definition of Disability

• Americans with Disabilities Act
• An individual with a physical or mental
  impairment that substantially limits a major life
  activity

• Japanese Law

• American Law

• According to the Disabled Persons Fundamental
  Law
• A person whose daily life of life in society is
  substantially limited over the long term due to
  physical disability, mental retardation, or
  mental disability.

17
Miscellaneous

• Definition of Terms
• The ADA defines terms extensively while Japan
  does not
• ADA gives employers multiple defenses that
  justify discrimination under certain
  circumstances
• The government for Japan provides training in
  vocational ability development schools

18
International Arena?

• International Law
• Process
• Signing
• Ratification
• Hard and Soft laws
• Hard Law
• ICCPR, ICESC, CRPD
• Soft Law
• Standard Rules

19
Progression of Laws

• Japanese Law
• Began in 1960s
• Disability Employment Quota
• 1970 Disabled Persons Fundamental Law
• Social Welfare Laws

• United Nations Law
• No mention of disability during foundational laws
• Decade of the Disabled in 1982
• Raised Awareness
• Standard Rules in 1993
• Soft Law
• CRPD in 2006
• Hard Law
• Social Model/Structural Equality Laws

20
Convention on the Rights of PWD (2006)

• Article 1
• Equality
• Persons with Disability
• Inherent Dignity
• Mirror Rights from
• ICCPR, ICESR, CAT
• Specifically for full realization by persons with
  disabilities.
• Article 9
• Access to roads, buildings, and information
• Article 27
• right of persons with disabilities to work on an
  equal basis with other

21
Japans Future in International Context

• Ratified UN Bill of Rights
• Not the optional protocols
• Already obligated through Customary International
  Law
• Reluctance to agree to human rights documents
• Often contain universal freedoms and guarantees
• CRPD
• Signed but not Ratified
• Unlikely to happen soon
• But if it does
• International treaties supreme over domestic law
• Employment Situation unlikely to progress
• Japan illustrates the dangers of premature
  progressive measures

22
Does the quota system work?
23
Does the quota system work?

• General
• Number of persons with disabilities 5.6 million
• Number employed 845,000
• Close to 50 of working age (15 to 65).
• Mild Disability 28.8 in sheltered workshops
• Profound Disability 75 in sheltered workshops
• Intellectual Disability (age 15-59)
• Number of persons with intellectual disabilities
  224,300
• Number employed 138,100
• Mild intellectual disabilities 33.8 regularly
  employed
• Profound Intellectual Disabilities 4.5
  regularly employed

24
Does the quota system work?
25
Significance

• Japan is unlikely to ratify the CRPD anytime soon
• CRPD calls for equality in the workplace
• Japanese laws stop at participation
• Desegregation difficult
• 1979 U.N. Convention on the Elimination of All
  Forms of Discrimination against Women
• Equal Employment as decisive issue
• Ratified in 1985