LawLabor Law
Equal Employment Opportunities Law, 5748-1988
חוק שוויון ההזדמנויות בעבודה, תשמ"ח-1988
Published: 1988-03-03Consolidated Hebrew text as of 2026-07-13 · Last amended 2024-12-01✓ Amendment status checked against the Knesset legislation record on 2026-09-17
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Unofficial English translation — for reference only. It may contain errors or omissions and cannot be relied on as a legal text. Only the Hebrew text published in Reshumot is legally binding.More
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Despite these checks, it may contain errors, omissions, or imprecise renderings of legal terminology and cross-references, and it may not yet reflect the latest amendments. It cannot be relied upon as a legal text.
The Hebrew text as published in Reshumot (ספר החוקים) and on the Knesset website is the sole authoritative and legally binding version. In any discrepancy, the Hebrew text prevails.
This translation is provided for informational purposes only and does not constitute legal advice. For use in legal proceedings, request a certified Expert Legal Opinion.
Definitions§
1.
In this Law –
"collective agreement" – as defined in the Collective Agreements Law, 5717-1957, including an extension order as defined in that Law and including a collective arrangement;
"equal employment legislation" – this Law and the enactments listed in the Schedule;
"service customer" and "service contractor" – as defined in section 20a(d) of the Work and Rest Hours Law, 5711-1951;
"personal status" – a person's being single, married, divorced or widowed;
"actual employer" and "manpower contractor" – as defined in the Employment of Employees by Manpower Contractors Law, 5756-1996;
"the Minister" – the Minister of Labour and Welfare.
Prohibition of Discrimination§
2.
(a)An employer shall not discriminate between employees or between job seekers on the basis of their sex, sexual orientation, personal status, pregnancy, fertility treatments, in-vitro fertilisation treatments, their being parents, age, race, religion, nationality, country of origin, place of residence, outlook, political party affiliation or reserve service of their own, of their spouse or of the other parent of their child, including being called up for reserve service or anticipated reserve service, including on account of its frequency or duration, in any of the following:
(1)recruitment to employment;
(2)terms of employment;
(3)promotion at work;
(4)vocational training or professional development;
(5)dismissal or severance pay;
(6)benefits and payments given to an employee in connection with retirement from employment.
In this subsection –
"child" – as defined in section 41a2(a) of the Discharged Soldiers (Return to Work) Law, 5709-1949;
"reserve service" – as defined in the Defence Service Law [Consolidated Version], 5746-1986.
(a1)
(1)An actual employer shall not discriminate between employees of a manpower contractor employed by that employer, and shall not discriminate between candidates for employment with that employer who were referred to the employer by a manpower contractor, in any matter connected with recruitment to employment, termination of employment and conditions at the workplace, all on account of the grounds set out in subsection (a);
(2)an actual employer shall not offer to a manpower contractor, shall not request and shall not require the manpower contractor to discriminate as set out in subsection (a) between manpower contractor employees employed by the actual employer or between candidates for employment;
(3)the provisions of this subsection are in addition to the prohibition applicable under the provisions of subsection (a) to a manpower contractor as an employer.
(b)For the purposes of subsections (a) and (a1), the imposition of conditions that are not relevant to the matter shall also be regarded as discrimination.
(c)Discrimination under this section shall not be regarded as such where it is required by the nature or character of the position or post.
Prohibition of Demanding a Military Profile and Use Thereof§
2a.
(a)An employer shall not demand from a job seeker or from an employee that person's military profile, and shall not make use of that person's military profile if it has come to the employer's knowledge, in any matter listed in section 2(a)(1) to (6).
(b)Where an employer has demanded, contrary to the provisions of subsection (a), the military profile, the employer shall not harm the employee or the job seeker in any matter listed in section 2(a)(1) to (6) on account of a refusal to provide the military profile.
(c)The provisions of this section shall not apply to the General Security Service and the Institute for Intelligence and Special Tasks, as employer, with respect to employees in those bodies or with respect to the recruitment of employees to those bodies.
(d)In this section, "military profile" – the numerical symbol assigned by the Israel Defence Forces to indicate the degree of medical fitness of a person for service in the various units and positions in the Israel Defence Forces.
Preservation of Rights§
3.
(a)A provision established in legislation, in a collective agreement or in an employment contract in connection with pregnancy, preservation of pregnancy, childbirth, breastfeeding or fertility does not constitute discrimination.
(b)Nothing in this Law shall derogate from an additional right conferred upon a female employee under legislation, under a collective agreement or under an employment contract, and such a right shall not be regarded as discrimination.
Parental Rights§
4.
(a)Where a female employee is entitled, in accordance with the terms of employment prevailing at her workplace, to a right connected with parenthood, that right shall also be available to a male employee employed at a workplace where such terms of employment prevail, if one of the following applies to him:
(1)his spouse is an employee or a self-employed worker and has not been absent from her work, business or occupation by virtue of her entitlement as set out in subsection (b)(1) or (2), or has not made use of a right as set out in subsection (b)(3) or (4);
(2)the child is in his exclusive custody.
(b)In this section, "a right connected with parenthood" – one of the following:
(1)absence from work due to the child's illness;
(2)a shortened working day by reason of the employee being the mother of a child;
(3)the right to use crèche services that the employer makes available to employees' children;
(4)the employer's participation in the cost of keeping the child in a crèche.
Prevention of Worsening of Conditions§
5.
For the purpose of remedying discrimination prohibited under section 2(a)(2), an employer shall not be permitted to reduce the rights of another employee or to alter that employee's situation for the worse.
Protection of a Complainant§
6.
(a)An employer shall not harm an employee in the matters listed in section 2 on account of a complaint or claim by the employee concerning this Law or concerning the Equal Pay for Male and Female Employees Law, 5756-1996, or on account of having assisted another employee in connection with a complaint or claim under those Laws.
(b)In criminal or civil proceedings for a breach of subsection (a), it shall be a defence if the employer's action was taken on account of a false complaint or assistance in relation to a false complaint made maliciously and with knowledge that the complaint was a false one.
Harm on the Basis of Sexual Harassment§
7.
(a)In the framework of employment relations, an employer or a supervisor on behalf of the employer shall not harm an employee or a job seeker in the matters listed in section 2 or in any other way, where the source of the harm is one of the following:
(1)sexual harassment of the employee or of the job seeker carried out by the employer, by the supervisor on behalf of the employer or by another employee;
in this Law, "sexual harassment" – as defined in the Prevention of Sexual Harassment Law, 5758-1998 (hereinafter – the Prevention of Sexual Harassment Law), provided that for the purposes of harm whose source is sexual harassment under section 3(a)(3) and (4) of that Law, a single proposal or single reference shall suffice;
(2)a complaint or claim by the employee on account of harm as set out in this section;
(3)assistance by an employee to another employee in connection with a complaint or claim on account of harm as set out in this section.
(b)The provisions of section 6(b) shall apply to harm whose source is a complaint or claim as set out in subsection (a)(2) and (3).
(c)The provisions of this section shall apply, with respect to an employer and an employee, with the necessary modifications and as appropriate, also to a person who actually employs a person through a manpower contractor and to a service customer who receives services from a person through a service contractor, and to a person so employed.
Notices Concerning Job Offers§
8.
(a)An employer or a person who requires an employee shall not publish a notice concerning a job offer or referral for vocational training unless the job offer is stated in both masculine and feminine form, whether in the singular or in the plural, and shall not publish such a notice if it contains discrimination in accordance with the provisions of section 2.
(b)The provisions of this section shall not apply to the publication of a notice concerning a job offer or referral for vocational training to which section 2(c) applies.
Burden of Proof§
9.
(a)In proceedings brought by a job seeker or an employee for a breach of the provisions of section 2, the burden of proving that the employer acted not in contravention of the provisions of section 2 shall lie upon the employer –
(1)with respect to recruitment to employment, promotion at work, terms of employment, referral for vocational training or professional development, or payment of severance pay – if the employer has determined conditions or qualifications in relation thereto, and the job seeker or the employee, as the case may be, has proved that those conditions or qualifications were satisfied in their case;
(2)with respect to dismissal from employment – if the employee has proved that there was no cause for the dismissal in the employee's conduct or actions.
(b)In proceedings brought by an employee or a job seeker for a breach of the provisions of section 7(a), the burden of proving that the employer did not cause harm as set out in that section shall lie upon the employer, if the employee or the job seeker has proved that the matter set out in any of paragraphs (1) to (3) of section 7(a) has occurred.
(c)Without derogating from the provisions of subsection (a), in proceedings brought by an employee or a job seeker for a breach of the provisions of section 2, the burden of proving that the defendant acted not in contravention of the provisions of that section shall lie upon the defendant, if it has been proved that the defendant demanded, directly or indirectly, from an employee or a job seeker, information on a subject in respect of which discrimination is prohibited on account of the grounds set out in section 2(a).
Jurisdiction and Remedies§
10.
(a)The Labour Court shall have exclusive jurisdiction to hear civil proceedings for a breach of the provisions of this Law, and it may –
(1)award compensation even where no pecuniary damage has been caused, in such amount as it deems fit in the circumstances of the case; however, in civil proceedings for harm as set out in section 7, the Labour Court may award compensation not exceeding NIS 120,000, without proof of damage;
(2)grant an injunction or a mandatory order, if it considers that the award of compensation alone would not be just; in considering the issue of such an order, the Labour Court shall take into account, inter alia, the effect of the order on labour relations at the workplace and the possibility that another employee may be harmed, and with respect to dismissals arising from workforce reductions, also the provisions of a collective agreement applicable to the parties. The provisions of this subsection shall apply notwithstanding the provisions of section 3(2) of the Contracts (Remedies for Breach of Contract) Law, 5731-1970.
(b)The amount specified in subsection (a)(1) shall be updated on the 1st of January of each year (in this section – the update date), in accordance with the rate of increase of the new index compared with the base index, and notice of the updated amount shall be published in Reshumot (Official Gazette); for the purposes of this subsection –
"index" – the consumer price index published by the Central Bureau of Statistics;
"the new index" – the index most recently published before the update date;
"the base index" – the index for August 2013.
Hearing in Camera§
10a.
(a)In proceedings under this Law for harm whose source is one of the matters listed in section 7(a), or for discrimination on account of sexual orientation as set out in section 2(a), the Labour Court may hold the hearing in camera; where a plaintiff or complainant requests that the hearing be held in camera, the Labour Court shall accede to the request, unless it has decided otherwise for special reasons that shall be recorded.
(b)Where the Labour Court has decided to hold a hearing in camera, it may permit a person or categories of persons to be present during the in camera hearing, in whole or in part.
(c)No person shall publish anything concerning a hearing held in camera, save with the permission of the Labour Court.
(d)A person who contravenes the provisions of subsection (c) is liable to imprisonment of six months.
Withheld Wages§
11.
Where the Labour Court has determined, in proceedings brought by an employee under this Law, that the employee is entitled to wage differentials or severance pay, the date for their payment shall, for the purposes of the Wage Protection Law, 5718-1958, be the eighth day after the date of the judgment, and "the determining date", for the purposes of wage differentials, shall be the ninth day after the payment date as aforesaid.
Right of Action§
12.
Proceedings for a breach of the provisions of this Law may be brought by –
(1)the employee;
(2)the representative employees' organisation at that workplace, and in the absence of such an employees' organisation – the employees' organisation of which the employee is a member;
(3)an organisation dealing with the rights of a person who may not be discriminated against under the provisions of section 2, provided that the employee has consented thereto.
Right of Intervention in Proceedings§
13.
In proceedings for a breach of the provisions of this Law, the Labour Court may permit an organisation dealing with the rights of a person who may not be discriminated against under the provisions of section 2 to present its arguments, in such manner as the Labour Court shall direct.
Limitation§
14.
The Labour Court shall not entertain a civil claim for a breach of the provisions of this Law that has been brought after five years have elapsed from the day on which the cause of action arose, and with respect to a claim by a job seeker – three years.
Penalties§
15.
(a)A person who contravenes the provisions of sections 2, 2a, 6 or 8 is liable to double the fine prescribed in section 61(a)(3) of the Penal Law, 5737-1977.
(a1)
(1)A person who contravenes the provisions of section 7 is liable to imprisonment as set out in section 5(b) of the Prevention of Sexual Harassment Law;
(2)an employer or a supervisor on behalf of the employer who sexually harassed an employee as set out in section 3(a) of the Prevention of Sexual Harassment Law and caused harm to the employee as set out in section 7 is liable to imprisonment as set out in section 5(c) of that Law.
(a2)The provisions of section 5(d) and (e) of the Prevention of Sexual Harassment Law shall apply with respect to an offence under subsection (a1).
(a3)A person who breaches an Order under section 18k is liable to the fine set out in section 61(a)(3) of the Penal Law, 5737-1977, and an additional fine at the rate of 5% of that fine for each day on which the offence continues beyond the period of time prescribed in the Order.
(b)For an offence against the provisions of section 8, only the employer or the person who requires the employee shall bear criminal liability.
(c)A person who contravenes the provisions of section 29 of the Genetic Information Law, 5761-2000, is liable to the penalty prescribed in section 38(d) of that Law.
(d)In criminal proceedings for an offence against the provisions of section 2, the accused shall be presumed to have contravened the provisions of that section if the accused demanded, directly or indirectly, from an employee or a job seeker, information on a subject in respect of which discrimination is prohibited on account of the grounds set out in section 2(a), unless the accused has proved otherwise.
Personal Liability for Offences of a Body of Persons§
16.
Where an offence under this Law has been committed by a body of persons, every partner – other than a limited partner – or responsible officer of that body shall also be deemed liable therefor, and may be prosecuted as though that person had committed the offence, unless that person proves that the offence was committed without that person's knowledge or that that person took all appropriate measures to prevent it.
Application to the State§
17.
For the purposes of this Law, the State as employer shall be subject to the same law as any other employer.
Inspectors§
18.
(a)The Minister shall appoint inspectors for the purpose of supervising the implementation of the provisions of this Law.
(b)For the purpose of performing the inspector's functions under this Law, an inspector may –
(1)require any employer or any person who requires an employee and any other person concerned to furnish the inspector with any information in that person's possession that is relevant to this Law;
(2)enter any workplace and examine the owner and any other person concerned at that place, and inspect documents relating to employees at that workplace.
(c)An inspector may record in a protocol the answers and statements of a person examined by the inspector under this section, and a protocol so recorded shall have the same status as a statement recorded in accordance with section 2 of the Criminal Procedure Ordinance (Testimony), and section 3 of that Ordinance shall apply thereto.
(d)For the purposes of subsection (b), no person is obliged to furnish evidence that may incriminate that person.
(e)An inspector appointed under subsection (a) shall also supervise the implementation of the provisions of section 7(b) of the Prevention of Sexual Harassment Law, and for that purpose shall be vested with the powers set out in this section.
Establishment of the Equal Employment Opportunities Commission§
18a.
The Minister shall establish within his Ministry an Equal Employment Opportunities Commission (in this Law – the Commission).
Structure of the Commission§
18b.
(a)The Commission shall be headed by a National Commissioner for Equal Employment Opportunities (in this Law – the National Commissioner).
(b)The Commission shall operate three district offices headed by regional commissioners (in this Law – regional commissioner).
Appointment of the National Commissioner and Eligibility Requirements§
18c.
(a)The Government, on the recommendation of the Minister, after consulting with the Minister of Justice, shall appoint the National Commissioner.
(b)An Israeli citizen and resident of Israel who holds an academic degree in law and has proven experience and activity of at least seven years in the fields of activity of the Commission is eligible to be appointed as National Commissioner; the National Commissioner shall be a State employee and notice of his appointment shall be published in Reshumot (Official Gazette).
(c)The National Commissioner shall be appointed for a term of four years, and may be reappointed for one additional term.
Functions and Powers of the National Commissioner§
18d.
(a)The National Commissioner shall be responsible for the activities of the Commission, shall manage it, shall set its policy, shall supervise the activities of the regional commissioners and their professional standards, and shall be responsible for the training of Commission employees.
(b)The National Commissioner shall also have the powers vested in a regional commissioner pursuant to the provisions of sections 18l to 18n.
Commission Employees§
18e.
(a)Commission employees shall be State employees and shall be employed under special contracts pursuant to the provisions of section 40 of the State Service (Appointments) Law, 5719-1959.
(b)Commission employees shall act in accordance with the instructions of the National Commissioner and under his supervision.
Commission Budget§
18f.
(a)The Commission's budget shall be determined in the budget law under a separate programme within a budget item; for this purpose, "programme" and "budget item" – as defined in the Budget Foundations Law, 5745-1985.
(b)For the purpose of exercising his powers under this Law, the National Commissioner is authorised, together with the Commission's accountant, to represent the Government in transactions as referred to in sections 4 and 5 of the State Property Law, 5711-1951, except for transactions in real property, and to sign on behalf of the State documents relating to such transactions.
Advisory Committee§
18g.
(a)The Minister shall appoint for the Commission an advisory committee of 26 members who shall have experience, qualifications and knowledge befitting the functions of the committee; notice of the appointment of the committee and its composition shall be published in Reshumot (Official Gazette).
(b)The advisory committee shall include –
(1)a representative of the Authority for the Advancement of the Status of Women;
(2)a representative of the Equal Rights Commission for Persons with Disabilities;
(3)six employees of Government ministries operating in the fields of activity of the Commission, to be determined by the Minister, each on the recommendation of the Minister in charge of the ministry;
(4)ten representatives of organisations engaged in the promotion of rights under equal employment legislation, including at least one representative from each of the following types of organisations, to the extent that such an organisation exists –
(a)an organisation engaged in the promotion of employment among the Arab-Muslim population;
(b)an organisation engaged in the promotion of employment among the Christian population;
(c)an organisation engaged in the promotion of employment among the Druze population and the Circassian population;
(d)an organisation engaged in the promotion of employment among the ultra-Orthodox population;
(e)an organisation engaged in the promotion of employment among the immigrant population;
(f)an organisation engaged in the promotion of employment among those serving in reserve service as defined in the Reserve Service Law, 5768-2008;
(g)an organisation engaged in the promotion of employment among elderly persons;
(h)an organisation engaged in the promotion of employment among women;
(5)two representatives of workers' organisations;
(6)two representatives of employers' organisations;
(7)four experts in the fields of activity of the Commission.
(c)The composition of the advisory committee shall give appropriate expression, to the extent possible, to the representation of women, of the Arab-Muslim, Christian, Druze and Circassian populations, of persons who or one of whose parents were born in Ethiopia, and of persons with disabilities.
(d)The functions of the advisory committee are:
(1)to advise the National Commissioner on matters of policy or on any other matter relating to the fields of activity of the Commission;
(2)to make recommendations to the National Commissioner regarding the allocation of resources made available to the Commission and regarding the setting of priorities for the Commission's activities;
(3)to deliberate on the annual report of the Commission as referred to in section 18i.
(e)The Minister shall prescribe provisions regarding the term of office of the advisory committee and regarding its rules of procedure.
(f)Should a member of the advisory committee resign, die, or be permanently prevented from fulfilling his duties, the Minister shall appoint another person in his place for the remainder of his term of office.
(g)In this section –
"persons with disabilities", "Equal Rights Commission for Persons with Disabilities" – as defined in the Equal Rights for Persons with Disabilities Law, 5758-1998;
"the Authority for the Advancement of the Status of Women" – as defined in the Authority for the Advancement of the Status of Women Law, 5758-1998.
Functions and Fields of Activity of the Commission§
18h.
The function of the Commission is to promote recognition of rights under equal employment legislation and their realisation, and to that end the Commission shall act, inter alia, in each of the following ways (in this Law – the fields of activity of the Commission):
(1)fostering public awareness through education, guidance and information, to the extent that this function is not imposed on another public authority acting pursuant to law;
(2)encouraging programmes and activities;
(3)cooperating with other persons or bodies, including employers and employees;
(4)conducting research and gathering information;
(5)intervening, with the leave of the court, in legal proceedings;
(6)handling complaints pursuant to the provisions of sections 18l to 18n;
(7)submitting applications for general orders pursuant to the provisions of section 18o;
(8)any other function imposed on the Commission pursuant to law.
Annual Report§
18i.
The National Commissioner shall submit to the Minister at the end of each year an annual report on the activities of the Commission; the Minister shall transmit the report together with his comments to the Committee for the Advancement of the Status of Women of the Knesset and to the Labour, Welfare and Health Committee of the Knesset; these committees may request supplements and clarifications; the report shall be published in such manner as the Minister shall direct.
Receipt of Information from an Audited Body§
18j.
(a)The Commission may require from an audited body listed in section 9(1) to (6) of the State Comptroller Law, 5718-1958 [Consolidated Version], and also from another audited body listed in section 9 of that Law on which the Minister has decided with the approval of the Labour, Welfare and Health Committee of the Knesset, at the Commission's request (in this section – audited body), any information, document or report (in this section – information), in the fields of activity of the Commission, which is in the possession of and within the competence of that body and which the Commission requires for the performance of its functions; an audited body shall provide the Commission with the information upon its demand.
(b)If a Minister finds that the provision of information by an audited body may endanger the security of the State, its foreign relations or public safety, the Minister may direct that such information shall not be transferred; however, if it is possible to transfer to the Commission a part of the information the disclosure of which does not entail such danger, that part shall be transferred; in this subsection, "Minister" – the Minister in charge of the field of activity of the audited body.
(c)Information shall not be provided pursuant to this section if its provision is prohibited under any law.
(d)An audited body may refuse a request for information under this section on any of the grounds set out in section 8 of the Freedom of Information Law, 5758-1998.
(e)Members of the advisory committee and employees of the Commission shall not disclose information provided to the Commission pursuant to this section, except with the approval of the National Commissioner.
Order for Provision of Data§
18k.
(a)A regional commissioner, or a Commission employee whom he has authorised for the purposes of this section (in this section – regional commissioner), may direct by Order an employer to provide data regarding the performance of any of his obligations under equal employment legislation.
(a1)Without derogating from the provisions of subsection (a), the National Commissioner or a regional commissioner, or a Commission employee whom either of them has authorised for the purposes of this section, may direct by Order an employer to provide an internal report prepared by him pursuant to the provisions of section 6b of the Equal Pay for Male and Female Employees Law, 5756-1996, as well as the data on the basis of which he prepared it; notwithstanding anything provided in any law, the Commission shall not transfer to another party information received by it pursuant to this subsection in a manner that enables the identification of the employer's employees, and shall not make any use of it, except for the purpose of fulfilling its function under this Law, including the handling of a complaint under section 18m, or in accordance with the directions of a judicial instance.
(b)An Order under this section shall specify the period for the performance of the acts detailed therein; the commencement of such period shall be the day on which the Order is delivered to the employer.
(c)Service of an Order under this section shall be effected as provided in section 237 of the Criminal Procedure Law [Consolidated Version], 5742-1982, with the necessary modifications.
Submission of a Complaint§
18l.
Any person may submit a written complaint to the regional commissioner regarding a breach of a provision under equal employment legislation (in this Law – complaint).
Handling a Complaint§
18m.
(a)A regional commissioner shall not handle, and shall not continue to handle, a complaint if any of the following applies:
(1)the subject-matter of the complaint does not constitute a breach as referred to in section 18l;
(2)the cause of action that is the subject of the complaint is under deliberation before a judicial instance.
(b)Where a complaint has been submitted to a regional commissioner and the circumstances referred to in subsection (a) do not apply, he shall decide to act in one of the following ways:
(1)to reject the complaint at the threshold, if he is of the opinion that the complaint was submitted in manifest bad faith or lack of good faith, or that the complaint is manifestly without any basis or raises a matter that is trivial, or that more than one year has elapsed since the cause of the complaint arose;
(2)to refer the complaint for deliberation by another body acting pursuant to law;
(3)to transfer the complaint, with the consent of the complainant, or of the person whose right is alleged to have been infringed if he is not the complainant, and with the consent of the respondent or his representative, to mediation as defined in section 79c of the Courts Law [Consolidated Version], 5744-1984; where the complaint has been transferred to mediation as aforesaid, the provisions of section 79c(c), (d) and (h), and the provisions under section 79d(a)(1), (2) and (2a), of that Law, shall apply, with the necessary modifications;
(4)to conduct an inquiry in order to determine whether there are grounds to bring a civil claim, to submit an application for a general order as referred to in section 18o, or to reject the complaint;
(5)to bring a civil claim in the Labour Court, in another court competent to hear it, or before an employment committee as defined in section 20 of the Discharged Soldiers (Return to Work) Law, 5709-1949, for the purpose of enforcing the right that is the subject of the complaint, whether in the name of the complainant or in the name of the Commission;
(6)to submit an application for a general order as referred to in section 18o.
(c)Where a regional commissioner has decided to bring a civil claim as referred to in subsection (b)(5) (hereinafter – the principal claim), he may, notwithstanding the provisions of subsection (a)(1), join to the principal claim a cause of action under a law, collective agreement or extension order, arising from employment relations, provided that the subject-matter of that cause of action is a right directly connected to the principal claim.
(d)The National Commissioner shall be entitled to determine the methods of handling complaints pursuant to the provisions of this section, including priorities and precedence with respect to the conduct of complaint inquiries and the bringing of claims.
Notification of the Complainant§
18n.
Where the circumstances referred to in section 18m(a) apply, or where a decision has been made pursuant to the provisions of section 18m(b), the regional commissioner shall notify the complainant thereof in writing; the regional commissioner shall attach to the notice the reasons for his decision, unless he has decided to bring a civil claim.
General Order§
18o.
The Labour Court or another court competent to hear civil proceedings or an administrative petition concerning a provision under equal employment legislation may, on the application of the Commission, issue an Order to an employer directing him to take general measures applicable to all his employees or to job seekers or to a group among them, for the purpose of performing any of his obligations under a provision of equal employment legislation or for the purpose of preventing a breach of such a provision; in this section, "administrative petition" – as defined in the Administrative Affairs Courts Law, 5760-2000.
19.§
(Repealed — תשס״ו)
20.§
(Repealed — תשס״ו)
Extension of Application§
20a.
(a)The provisions of this Law shall apply, with the necessary modifications, also to a breach of provisions under section 29 of the Genetic Information Law, 5761-2000, and a breach of those provisions shall be regarded as a breach of section 2 of this Law.
(b)The provisions under sections 2a, 5, 6 and 9 shall apply, with respect to an employer, employee and job seeker, with the necessary modifications and as appropriate, also to an actual employer, to an employee of a manpower contractor employed by an actual employer, and to a candidate for such employment.
Non-Application§
21.
(a)For the purposes of section 2, the preference of an employee who is a family member of the employer, or, in the case of a corporation, a family member of the controlling shareholder thereof, shall not be regarded as discrimination; for this purpose –
(1)"family member" – spouse, parent, child, grandchild, brother, sister or their spouses;
(2)"controlling shareholder in a corporation" – a person who, alone or together with his family members, holds direct or indirect control over the business and management of the corporation.
(b)The provisions of this Law, except for section 7, shall not apply to an employee employed otherwise than for the purposes of the employer's business or occupation.
(c)The provisions of this Law, except for section 7, shall not apply to a person who employs fewer than six employees; for the purpose of counting employees under this subsection, an employee of a manpower contractor employed by that person shall also be counted.
(d)The provisions of sections 9(c) and 15(d) shall not apply to a defendant or an accused, as the case may be, if the information is required as referred to in those sections for any of the following purposes:
(1)compliance with the Commission's directions under sections 18j and 18k;
(2)compliance with a provision under any law regarding adequate representation or affirmative action for a person belonging to a particular group;
(3)acting in accordance with a plan for the promotion of equality in employment that an employer is implementing, or that a Government ministry has approved or that it fully or partially funds, which includes provisions regarding affirmative action in the recruitment or advancement of a person belonging to a particular group.
Amendment of Severance Pay Law§
22.
In section 7 of the Severance Pay Law, 5723-1963 –
(1)in place of the marginal heading there shall come "Resignation of a parent";
(2)the existing text shall be marked (a) and after it shall come:
"(b) The provisions of subsection (a) shall apply, with the necessary modifications, to an employee, provided that one of the following applies to him:
(1)his spouse was employed as an employee for at least six consecutive months immediately prior to the date of his resignation; for this purpose, a period of interruption in work during which the employer-employee relationship continues shall also be regarded as work;
(2)the child is in his exclusive custody, or in his exclusive care due to a disability or illness of his spouse.
(c)Where one of the spouses has resigned as referred to in subsection (a) or (b), as the case may be, the provisions of this section shall not apply to the other spouse.
(d)The Minister of Labour and Welfare may prescribe by Regulations, with the approval of the Labour and Welfare Committee of the Knesset, provisions regarding the obligation to give notice to the employer under this section by the spouses or either of them and the consequences of failure to give such notice.".
Amendment of Women's Employment Law§
23.
In the Women's Employment Law, 5714-1954, in section 7, after subsection (d) shall come:
"(d1) The provisions of subsection (d), even when they apply by virtue of section 6a, shall apply, with the necessary modifications, to an employee who has worked with the same employer or at the same workplace for at least twenty-four consecutive months up to the date of his child's birth, provided that one of the following applies to him:
(1)his spouse was employed as an employee for at least six consecutive months immediately prior to the commencement of his absence from work in accordance with the provisions of subsection (d).
(2)the child is in his exclusive custody, or in his exclusive care due to a disability or illness of his spouse.
(d2)Where one of the spouses has been absent from work as referred to in subsection (d) or (d1), as the case may be, the provisions of those subsections shall not apply to the other spouse; however, if one of the spouses has been absent for a period shorter than that referred to in subsections (d) or (d1), as the case may be, his spouse shall be entitled to be absent from work pursuant to the provisions of those subsections for the remainder of the said period.
(d3)For the purpose of calculating the period of consecutive employment as referred to in subsections (d) and (d1), a period of interruption in work during which the employer-employee relationship continues shall also be regarded as work.
(d4)The Minister of Labour and Welfare may prescribe by Regulations, with the approval of the Labour and Welfare Committee of the Knesset, provisions regarding the obligation to give notice to the employer under this section by the spouses or either of them and the consequences of failure to give such notice.".
Amendment of Labour Court Law§
24.
In the Labour Court Law, 5729-1969, in the Second Schedule, at the end thereof shall come: "Equal Employment Opportunities Law, 5748-1988".
Repeal§
25.
The Equal Opportunity in Employment Law, 5741-1981 – is repealed.
Implementation and Regulations§
26.
(a)The Minister is responsible for the implementation of this Law and may make Regulations regarding anything relating to its implementation.
(b)The Minister may, with the approval of the Labour and Welfare Committee of the Knesset, prescribe by Regulations provisions regarding the duty of spouses, or one of them, to give notice to an employer for the purposes of section 4, and the consequences of failure to give such notice.
(c)The Minister, with the approval of the Labour, Welfare and Health Committee of the Knesset, may, by Order, add an enactment to the enactments listed in the Schedule.
Commencement§
27.
This Law shall commence on the fourteenth day of Nisan 5748 (1 April 1988).
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LawLabor Law
חוק שוויון ההזדמנויות בעבודה, תשמ"ח-1988
Equal Employment Opportunities Law
Employment Opportunities Law
Shvion Hazdmanuyot BeAvoda
Equal Opportunities Law
EEO Law
Employment Discrimination Law
Workplace Discrimination Law
Equal Employment Law
Employment Rights Law
Anti-Discrimination Employment Law