Article 90 of the Civil Code provides that any act which is contrary to the public order is null and void. This provision has been used by courts to set aside actions which violate the equality principles in the Constitution. In addition, article 709 of the Civil Code, which makes actions in violation of the equality principles the Constitution a tort, has been applied by Japanese courts to assist women in equality and employment matters.

Under article 709 of the Civil Code, a person who unlawfully infringes upon another person’s rights may be liable to pay damages, and courts have used this provision in some sexual harassment cases on the basis of a personal right to a working environment conducive to working. Article 715 of the Civil Code provides that employers are liable in tort for employees’ illegal conduct if the conduct is carried out in the course of the employer’s business. The courts have used this provision to make employers liable for an employee’s sexual harassment of a co-worker.