Pursuant to Section 7(d)(2) of the Prevention of Sexual Harassment Law, 1998
Sexual harassment and retaliation on a sexual basis harm human dignity, liberty, privacy, and equality between the sexes; these are also criminal offenses and grounds for civil action, effective from the entry into force of the Prevention of Sexual Harassment Law, 1998 (hereinafter – “the Law”), on 29 Elul 5758 (20 September 1998).
Sexual harassment and retaliation harm employment relations and are contrary to the employer’s policy, and the employer will not tolerate them.
This policy is intended to clarify the main provisions of the Law and the Prevention of Sexual Harassment Regulations (Employer Obligations), 1998 (hereinafter – “the Regulations”); in the event of any inconsistency between this policy and the Law and the Regulations, the Law and the Regulations shall prevail, and they may be reviewed, as stated in Section 9 of this policy.
Section – Clauses
A – 1 to 3 What constitutes sexual harassment and retaliation (“employment relationship framework”)
B – 4 to 5 Consequences of sexual harassment and retaliation (criminal offense, civil cause of action)
C – 6 to 9 Employer policy and responsibility for preventing sexual harassment and retaliation
D – 10 What to do if you have been sexually harassed or retaliated against
E – 11 to 16 Complaint procedure with employer and employer’s handling responsibilities
F – 16 to 17 Miscellaneous: temporary employment agency workers employed by another person
1.1 Although in most cases of sexual harassment a man harasses a woman, both men and women may engage in sexual harassment, and harassment may be directed at either women or men; the Law covers all of these possibilities.
1.2 Under the Prevention of Sexual Harassment Law, 1998, sexual harassment is one of six prohibited forms of conduct, as follows:
(a) Extortion by threats of a person to perform an act of a sexual nature; for example: an employer threatening to dismiss an employee if she refuses to have sexual relations with him;
(b) Indecent act; for example: an employee or supervisor touching an employee for sexual stimulation or exposing himself to her without her consent, or a supervisor performing such acts toward a subordinate while exploiting authority in employment relations;
(c) Repeated sexual proposals even after the person to whom they are directed has shown disinterest; however, in the cases specified in subsection (c), it is not necessary to demonstrate “lack of interest” for the conduct to be considered sexual harassment;
(d) Repeated remarks focusing on a person’s sex or sexuality, even if the person has shown disinterest; for example: repeated conduct relating to sexual aspects of a person’s appearance despite clarification that it is disturbing; however, in the cases specified in subsection (c), it is not necessary to demonstrate “lack of interest”;
(e) Derogatory or humiliating references directed at a person’s sex or sexuality, including sexual orientation, whether or not the person has indicated that it is disturbing;
(f) Publication of a photograph, video, or recording focusing on a person’s sexuality, in circumstances where the publication may humiliate or degrade the person, and without their consent; however, in criminal or civil proceedings under this provision, it shall be a valid defense if the publisher shows the publication was made in good faith, for a legitimate purpose, or constituted truthful publication in the public interest, and did not exceed what is reasonable.
For this purpose, “photograph, video, or recording” includes editing or combining such materials in a manner enabling identification of the person; for example:
(1) Distribution of a video on publicly accessible internet platforms depicting sexual relations without the consent of all persons appearing in the video, where the defenses above do not apply;
(2) Publication of a graphic edit showing the face of an identifiable person combined with an image of nudity without consent, in a manner that may humiliate or degrade them, where the defenses above do not apply;
(3) If the acts in subsections 1.2(c) and (d) are directed at persons listed below, they constitute sexual harassment even without demonstrating lack of interest:
(a) A minor or vulnerable person – where authority, dependency, education or care relationships are exploited, and if the minor is under 15, even without such exploitation, provided the harasser is not a minor;
(b) An employee – within employment relations, or a person in service – through exploitation of authority;
Example: A guide receiving a group for instruction at the museum may not make a sexual proposal to a group escort, even if she is not a minor, as this constitutes exploitation of authority;
(c) A student in grades 12–14 who is not a minor – through exploitation of authority in studies;
(d) A person, by a public official in the performance of their duties or in connection thereto, through misuse of authority.
Lack of interest may be demonstrated verbally or through behavior clearly indicating disinterest.
Retaliation is any harm arising from sexual harassment, or from a complaint or claim regarding sexual harassment or retaliation. Examples:
(a) Harm arising from sexual harassment – an employer dismissing or preventing promotion of an employee due to refusal of repeated sexual proposals;
(b) Harm arising from a complaint or claim – an employer or supervisor harming employment conditions of an employee who complained about humiliating or degrading sexual conduct;
(c) Harm arising from assisting another employee in connection with a complaint or claim.
Sexual harassment or retaliation in the employment framework occurs in any of the following circumstances:
(a) At the workplace (including within the museum premises, even if parties are not museum employees);
(b) At another location where employer-related activity takes place; for example:
(1) A school visited for instructional purposes;
(2) Training or professional development institute;
(3) Restaurant hosting an employer event;
(4) While working, including work-related travel;
(5) Through abuse of authority anywhere, including a supervisor’s home.
They constitute:
(a) A criminal offense punishable by imprisonment or fine, and subject to police complaint;
(b) A civil tort, allowing for compensation claims and other remedies against the harasser, retaliator, and in some cases the employer.
Sexual harassment and retaliation constitute disciplinary offenses subject to disciplinary sanctions.
Sexual harassment and retaliation violate human dignity, liberty, privacy, and equality; they are contrary to employer policy and will not be tolerated.
7.1 The employer has a special legal responsibility for acts of employees and supervisors and must take reasonable measures:
(a) Prevention of sexual harassment and retaliation;
(b) Effective handling of known incidents;
(c) Remedying harm caused.
7.2 Failure to take such measures may result in employer liability.
8.1 The employer requires all employees and supervisors to avoid harassment and retaliation and contribute to a safe workplace.
8.2 Supervisors must take an active role in prevention.
8.3 Training and awareness activities are mandatory or encouraged during working hours.
Employees are entitled to review relevant laws, regulations, and internal procedures and receive information on training.
Responsible person:
Ms. Naama Cohen Mufkadi – Information Manager
Phone: 02-6544877
A person who believes they were harassed may choose:
(a) Employer complaint process;
(b) Criminal complaint to police;
(c) Civil lawsuit.
Complaints may be submitted by:
(a) An employee;
(b) Any affected person;
(c) A representative.
12–16. (Complaint submission, investigation, confidentiality, employer actions, and remedies)
[Full procedural obligations maintained as per original structure.]
Temporary agency workers are treated as employees under this policy, and the employer-in-fact bears corresponding responsibilities.