Israel
Overview
Please review the information below and then return to the workplace harassment prevention course.
Harassment and discrimination based on a protected characteristic are prohibited under national law.
Applicable Laws
The primary national laws prohibiting employment discrimination and harassment on the basis of a protected characteristic are:
- The Basic Law: Human Dignity and Liberty,
- The Equal Opportunities at Work Law 1988, and
- The Prevention of Sexual Harassment Law 1998.
Sexual harassment may be a criminal offense under the Penal Law.
Protected Characteristics
Harassment or discrimination based on any characteristic set forth below is prohibited in Israel.
- Race
- Religion
- Sex
- Personal status
- Marital status
- Nationality or country of origin
- Sexual orientation
- Age
- Disability
- Political affiliation
- Place of residence
- Military status
Regional, state or other political subdivision laws may provide additional, separate standards and remedies for certain prohibited conduct.
Definitions
Sexual Harassment
Under Israeli law, each of the following acts constitutes sexual harassment:
- Blackmail by way of threats, as defined in section 428 of the Penal Law, where the act demanded to be performed by the person is of a sexual character;
- Indecent acts, as defined in sections 348 and 349 of the Penal Law;
- Repeated propositions of a sexual character to a person, where that person has shown to the harasser that he is not interested in the said
propositions; - Repeated references directed towards a person, which focus on his sexuality, where that person has shown to the harasser that he is not
interested in the said references; - An intimidating or humiliating reference directed towards a person concerning his sex, or his sexuality, including his sexual tendencies;
- Repeated propositions of a sexual character to a person or repeated references directed towards a person, which focus on his
sexuality, where the target of the propositions or references is:- a minor or a helpless person, where a relationship of authority, dependence, education or treatment is being exploited;
- a patient undergoing mental or medical treatment, where a relationship of authority between the patient and the person treating him is being exploited;
- an employee in the labour relations sphere and a person in service, within the framework of such service, where a position of authority in a work relationship or in service is being exploited.
Filing a Claim in Israel
A claim for employment discrimination or harassment may be filed in a Regional Labor Court.
Potential Remedies
In Israel, an employee who has experienced workplace discrimination or harassment may be entitled to monetary and other remedies. An employer may be required to take certain actions to correct or redress discriminatory harassment or violations of workplace safety standards. Potential remedies are listed below.
- Hiring
- Transfers
- Reassignments
- Promotions
- Reinstatement to a position
- Compensation for lost wages and benefits
- Damages for injury to dignity or feelings
- Cease and desist orders
Retaliation Prohibited
Employer retaliation against an employee who files a complaint relating to discrimination or harassment or is involved in the complaint process is unlawful.
The information contained on this page is for informational purposes only.
It does not, and is not intended to, constitute legal advice.