Photo/Illutration An economy ministry employee who sued the central government over restricting her bathroom use speaks at a news conference after the Tokyo District Court’s ruling on Dec. 12, 2019. (Asahi Shimbun file photo)

The third petty bench of the Supreme Court will hear oral arguments on June 16 over the economy ministry’s refusal to allow a transgender employee to use the women’s bathroom on her floor. 

The hearing, which was set on April 25, is a requirement for the Supreme Court to review the legality of a lower court ruling that the ban is not illegal. 

It will be the first time for the Supreme Court to rule on how workplaces treat sexual minorities.

The plaintiff is an economic ministry employee, who is registered as a male in the family registry but lives as a female due to gender dysphoria.

She was diagnosed with gender dysphoria around 1999 and she later informed the ministry about her condition.

Due to a health reason, she has not undergone sex reassignment surgery.

Since 2010, she has come to work in women’s clothing.

The ministry instructed the plaintiff to use a women’s bathroom two floors or farther from where she works.

The plaintiff asked the National Personnel Authority to take administrative action to abolish such a restriction, but her request was rejected.

The plaintiff in 2015 filed a lawsuit with the Tokyo District Court demanding compensation over the NPA’s decision and the ministry’s handling of the matter.

The Tokyo District Court ruled in 2019 that the bathroom restriction was illegal.

The court also voided the NPA’s decision and ordered the government to pay her 1.32 million yen ($9,900).

Both the plaintiff and the government appealed to the high court.

In 2021, however, the Tokyo High Court said the ministry’s decision is not illegal, reversing the lower court decision.

The ruling cited the fact that the ministry listened to the plaintiff and the plaintiff’s primary doctor, and had twice held meetings to listen to other employees’ opinions before imposing the bathroom restriction.

The ruling then assessed that the ministry made the decision after giving full consideration to the plaintiff as well as other employees’ concerns.

The high court meanwhile ordered the central government to pay the plaintiff 110,000 yen in damages over inappropriate remarks made by her supervisor, who said, “Why don’t you go back to being a male if you don’t undergo surgery?”

The Supreme Court decided to hear an appeal only on the point that the NPA did not meet the plaintiff’s needs and did not abolish the restriction on the use of bathrooms.

If the Supreme Court finds the prohibition illegal, the NPA’s decision will be void, and the ministry will be asked to change its policy on the matter.

The lower court’s decision to order the central government to pay compensation to the plaintiff is expected to be upheld.

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