I. Background

The Israel Women's Network played a decisive and active role in the Knesset's passage of specific legislation prohibiting sexual harassment in March 1998. The Sexual Harassment Prevention Law was drafted in a collaborative effort by the Ministry of Justice, Dr. Orit Kamir of the Hebrew University, and Adv. Rachel Benziman of the Israel Women's Network, and initiated by Knesset Member Yael Dayan.

The phrase “sexual harassment” was coined in the 1970s in the United States to refer to a broad range of unwanted sexual demands and contacts. Studies conducted in many countries, including Israel, during the last several decades, show that between one-third and two-thirds of women report that they have been sexually harassed. (See O. Kamir, “Rethinking Sexual Harassment in Terms of Human Dignity-Respect”, Mishpatim, July 1998).

Prior to 1998, sexual harassment was prohibited under the 1988 Equal Opportunity in Employment Law. However, this provision defined sexual harassment narrowly and related solely to employer-employee relations. Also, certain acts that could be “sexual harassment” are also crimes under the Penal Law (such as sexual assault, “blackmail under threat”, etc.). But the drafters of the Law Against Sexual Harassment believed that these criminal provisions were not broad enough to deal with the widespread nature of sexual harassment. The Israel Women's Network decided to take an active role in drafting and supporting specific legislation against sexual harassment.

The Law Against Sexual Harassment states that it was enacted to prohibit sexual harassment in order to protect human dignity, freedom and privacy, and to advance equality between the sexes. At the time of its enactment, this Law was the most comprehensive and far-reaching of its kind worldwide. The Law defines sexual harassment broadly and makes it a criminal offense and a cause for a civil suit, both against the harasser and the employer. The definition of sexual harassment includes repeated sexual references to a person who shows that he or she is not interested in these comments; the prohibition of such comments by a superior to a subordinate, even if the subordinate does not show he or she is not interested; and disparaging remarks to a person because of his or her sex or sexual orientation.

The Sexual Harassment Law sets out specific obligations that employers must take to prevent sexual harassment. However, the Law does not limit the prohibition of sexual harassment to the workplace -- sexual harassment in any context is a crime and a civil offense. The Law also provides clear channels (in criminal, civil or labor courts) through which people can file complaints.

II. Current Status of Implementation of the Law in the Workplace

The Law requires employers, among other things, (i) to take reasonable actions to prevent sexual harassment in the workplace, (ii) to appoint someone responsible for receiving, investigating and preparing a report about complaints of sexual harassment at work, and (iii) to publicize "sample articles" in any workplace with more than 25 employees, explaining the prohibition on sexual harassment and procedures for filing complaints if it occurs.