Sexual Harassment in the Workplace
The Prevention of Sexual Harassment Law, 5758-1998 does not rest on a general definition. It lists particular conduct, imposes defined duties on the employer, and provides for compensation that may be awarded without proving damage. This page sets out what the law defines, what an employer must do, and what is available to a person who has been harmed.
What the law defines
The definition in section 3 of the Law is not general but enumerates cases. Among them:
- Blackmail by threats where the act demanded is of a sexual nature.
- Indecent acts.
- Repeated propositions of a sexual nature, where the person has shown that they are unwelcome.
- Repeated references focusing on a person's sexuality, where the person has shown that they are unwelcome.
- Degrading or humiliating references to a person's sex or sexual orientation.
- Publishing a photograph or a recording of a person, focusing on their sexuality, in circumstances capable of humiliating or degrading them, without their consent.
There are cases in which there is no need to show that the person expressed unwillingness, for instance in relationships of authority at work. This is one of the points most often misunderstood, and it is worth checking on the particular facts.
Retaliation, a separate cause
The Law prohibits not only the harassment itself but also retaliation: harm whose source is sexual harassment, or a complaint or claim brought over it.
The practical meaning: a person who complained and was then harmed holds a further, independent cause of action, even while the original complaint is still being examined. Dismissal, worsened conditions or exclusion following a complaint are not a matter separate from the complaint.
The employer's duties
The Law and the regulations impose active duties on the employer, not merely a prohibition:
- To prevent. To take reasonable steps to prevent sexual harassment and retaliation in the framework of employment.
- To publish a code. An employer with more than 25 employees must publish a code setting out the essentials of the Law and how a complaint is handled.
- To appoint a responsible officer. A person who can be approached, whose role is to examine complaints.
- To examine and act. To examine a complaint effectively, and to act on it.
An employer who has not met these duties may bear liability even where the employer was not the harasser. That is why these duties are not formalities: they are what determines the organisation's exposure.
Complaint and claim
Several routes exist, and they are not mutually exclusive:
Internal examination by the employer, before the officer appointed for the purpose.
A civil claim. Where the harassment occurred in the framework of employment, jurisdiction lies with the Regional Labour Court. The claim may be brought against the harasser and, in appropriate circumstances, against the employer as well.
Criminal proceedings. Some of the acts enumerated in the Law are also criminal offences, and are handled by the law-enforcement authorities.
Compensation and limitation
The court may award compensation for the damage, or compensation without proof of damage. The maximum for compensation without proof of damage stands at ILS 120,000, and in certain aggravated circumstances up to ILS 240,000.
The limitation period for a civil claim on this cause is seven years.
The sums are fixed by the Law and are updated from time to time. The current figure should be confirmed at the time the claim is filed.
In summary
Three practical points: the Law enumerates defined conduct rather than stating a general principle only, retaliation is a cause of action in its own right, and the employer carries active duties whose breach creates liability of its own. Early documentation, in writing and with dates, changes the evidential position more than anything else.
For advice on sexual harassment in the workplace, contact us by phone at 02-5953322 or on WhatsApp at 050-441-1343. Enquiries are handled discreetly.
What people ask most often
Is every remark of a sexual nature harassment under the Law?
I was dismissed after I complained. Is that a separate cause?
Can the employer be sued as well as the harasser?
Which court hears the claim?
How long is there to file a claim?
What duties fall on the employer?
All Labour Law Department pages
Facing sexual harassment at work?
Tell us what happened and when, and whether a complaint has been made. Enquiries are handled discreetly, and you are welcome to approach us before deciding on any step.