# Rights about disclosing of medical (physical and mental) health information



## goddessneptune

Hello all, 

I joined this forum today as I have been trying to track down a clear answer with the labour board about disclosing mental and physical health issues that in no way effect one's performance on the job. I know how Japan can be with mental health issues and as I've always been able to push through and have never taken off a day for this I felt it really their business and might be grounds for discrimination. 

I guess I have a couple of questions about this: 

1. Can a company ask about your mental health status before an interview? Can they require it? (or can they be reported for this)
2. Can a company ask for your mental health status during an interview? Can they require it? (or can they reported for this)
3. Can a company require you to disclose your mental health status after you have the job and are signing the contract or are you allowed to refuse or not tell the full truth? (can they be reported for this if you refuse to disclose because it doesn't effect the performance of your job and you simply don't want to be discriminated against) 

If anyone knows and can answer these things I'd be so thankfully as I've called at least four different offices now with no clear answer.


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## myrrh

In many cases, they can ask about mental health issues during an interview...but you can also tell them no (i.e., that you don't have mental health issues) in response without repercussions. In other words, as long as "it doesn't effect the performance of your job," there is no necessity to disclose about your mental health, and you can't legally be fired for this nondisclosure. 

If you feel you've been discriminated against because of this and want to do something about it, I would strongly advise visiting your neighborhood 労働局, 労働基準局 and/or your local 労働基準監督署 with as much evidence as you can muster and ask for them to intervene. If you are not fluent in Japanese, I would bring somebody who is--preferably somebody Japanese. I recommend this course because 1) it is free, 2) they will give you honest feedback on whether you have a case, and 3) assuming you convince them to act, they will act very aggressively for you.

Good luck.


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## JamesInJapan

myrrh said:


> In many cases, they can ask about mental health issues during an interview...but you can also tell them no (i.e., that you don't have mental health issues) in response without repercussions. In other words, as long as "it doesn't effect the performance of your job," there is no necessity to disclose about your mental health, and you can't legally be fired for this nondisclosure.
> 
> If you feel you've been discriminated against because of this and want to do something about it, I would strongly advise visiting your neighborhood 労働局, 労働基準局 and/or your local 労働基準監督署 with as much evidence as you can muster and ask for them to intervene. If you are not fluent in Japanese, I would bring somebody who is--preferably somebody Japanese. I recommend this course because 1) it is free, 2) they will give you honest feedback on whether you have a case, and 3) assuming you convince them to act, they will act very aggressively for you.
> 
> Good luck.


Nice advice!
100% agree.

I'd add that a lot of businesses get away with discrimination as standard practice, they expect to get away with it, they certainly don't expect anyone to fight back, it's simply not part of the culture.

So just because it seems like they have a right to do whatever they are doing because they do it so blatantly and shamelessly, doesn't mean they aren't in the wrong!

Good luck man.


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## myrrh

Thanks, James.

I just need to add, though, that we cannot tell from this OP whether something discriminatory actually occurred. As I mentioned, Japanese labor law does allow the asking of these questions in certain circumstances--though the context and wording of the questions matter. That said, 職業安定法５条の４ has always limited the nature and extent of such questioning, and 障害者雇用促進法改正 (2018) added new protections for workers with disabilities. (I post the Japanese here so that if necessary somebody could show this post to the Japanese friend serving as translator; the Roudou Kyoku, Roudou Kijun Kantoku and any attorney consulted will already know these things.)


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