Editorial: Protect whistleblowers from continued reprisals

February 17 , 2020

Fourteen years have passed since a law protecting whistleblowers was passed. Since then, a number of corporate wrongdoings have been exposed, from automakers failing to report and recall defective vehicles to fraudulent insurance practices, validating the law’s purpose and efficacy.

While the 2006 law makes it illegal to terminate an employee who exposes a company’s illegal or unethical behavior, that employee is required to prove in court any reprisal—be it a baseless firing, transfer, demotion or salary reduction—in order to demand restitution. This has discouraged workers from blowing the whistle, particularly since demonstrating a clear casual link between exposing an impropriety and consequent reprisal is difficult, placing the burden of proof squarely on the plaintiff.

Komeito has recently proposed revisions to the law, seeking to strengthen the government’s hand against any company that has been the subject of administrative sanctions, including publicizing the corporate offender by name. The party is also calling for measures to ease the legal and financial onus shouldered by a plaintiff in any lawsuit against his or her firm.