Sexual Harassment Law in Israel*

Abstract

The 1998 Israeli sexual harassment law prohibits sexual harassment as a discriminatory practice, a restriction of liberty, an offence to human dignity, a violation of every person's right to elementary respect, and an infringement of the right to privacy. Additionally, the law prohibits intimidation or retaliation that accommodates sexual harassment, referred to as ‘prejudicial treatment’.

Sexual harassment and prejudicial treatment are each both a crime and a tort under the Israeli sexual harassment law. The law makes harassers, as well as persons involved in prejudicial treatment, potentially personally liable for either the crime or tort of sexual harassment, or both. The law awards punitive damages to victims1 of sexual harassment or prejudicial treatment — whether or not actual damage of any sort is claimed or proved. Sexual harassment and prejudicial treatment are prohibited in all social settings and contexts.

In the workplace, an employer is vicariously liable for the civil consequences of sexual harassment or prejudicial treatment perpetrated by anyone in his or her employ. The employer's civil liability is in addition to the harasser's individual civil and criminal liability. In order to avoid liability, an employer must take all the measures prescribed by the sexual harassment law (including, inter alia , establishment of policy and serious, prompt and efficient treatment of a victim's complaint).