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Prevention of Sexual Harassment Law, 5758-1998

חוק למניעת הטרדה מינית, תשנ"ח-1998

Published: 1998-03-19Consolidated Hebrew text as of 2025-01-26 · Last amended 2024-07-25✓ Amendment status checked against the Knesset legislation record on 2026-09-28
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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

This English text was translated from the official Hebrew using a range of translation tools, and it undergoes ongoing checks and updates. It is not a certified translation.

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.

Purpose of the Law§

1.

The purpose of this Law is to prohibit sexual harassment in order to protect the dignity, liberty and privacy of a person, and to promote equality between the sexes.

Definitions§

2.

In this Law –

"person with a disability" – as defined in section 5 of the Equal Rights for Persons with Disabilities Law, 5758-1998;

"in service" – in service in the defence forces, where there are no employment relations between them and those serving in them, or in civilian service as defined in the Civilian Service Law, 5777-2017;

"indicated" – by words or by conduct, provided there was no reasonable doubt as to the meaning of the conduct;

"reference" – in writing, orally, by means of a visual or auditory display, including by means of a computer or computer material, or by conduct;

"Law on Rights for Persons with Disabilities Employed as Rehabilitees" – the Rights of Persons with Disabilities Employed as Rehabilitees Law (Temporary Provision), 5767-2007;

"Equal Opportunities in Employment Law" – the Equal Opportunities in Employment Law, 5748-1988;

"Penal Law" – the Penal Law, 5737-1977;

"helpless person" – as defined in section 368a of the Penal Law;

"defence forces" – the Israel Defence Forces, the Israel Police, the Israel Prison Service and the other security organisations of the State;

"service recipient" and "service contractor" – as defined in section 20a(d) of the Hours of Work and Rest Law, 5711-1951;

"computer" and "computer material" – as defined in the Computers Law, 5755-1995;

"employment relations framework" – the place of work, another place in which activity is conducted on behalf of the employer, in the course of work, or through the exploitation of authority in employment relations in any place whatsoever;

"sheltered workshop" – as its meaning in section 17 of the Minimum Wage Law, 5747-1987;

"manpower contractor" – as defined in section 1 of the Employment of Employees by Manpower Contractors Law, 5756-1996;

"minor" – a person who has not yet reached the age of 18 years.

"national service" – (Repealed).

Sexual harassment and victimisation§

3.
(a)Sexual harassment is any of the following acts:
(1)extortion by threats, within the meaning of section 428 of the Penal Law, 5737-1977, where the act that the person is required to perform is of a sexual nature;
(2)indecent acts within the meaning of sections 348 and 349 of the Penal Law, 5737-1977;
(3)repeated propositions of a sexual nature directed at a person who has shown the harasser that he or she is not interested in such propositions;
(4)repeated references directed at a person, focusing on that person's sexuality, where that person has shown the harasser that he or she is not interested in such references;
(5)a degrading or humiliating reference directed at a person in relation to his or her gender or sexuality, including sexual orientation;
(5a)publication of a photograph, film or recording of a person, focusing on that person's sexuality, in circumstances in which the publication is likely to humiliate or degrade the person and the person's consent to the publication has not been given; however, in criminal or civil proceedings under this paragraph it shall be a good defence for the publisher if one of the following applies:
(a)the publication was made in good faith, having regard to the circumstances of the publication, its content, form, scope and purpose;
(b)the publication was made for a lawful purpose;
(c)the publication contains a public interest that justifies it in the circumstances of the case, provided that it is not false, or that it constitutes the expression of an opinion or criticism of a public office holder in connection with his or her office, and the publication did not exceed what was reasonable for the purpose of achieving its aim;

in this paragraph, "photograph, film or recording" – includes the editing or combination of any of them, provided that in the circumstances of the case the person can be identified;

(6)propositions or references as referred to in paragraphs (3) or (4), directed at any of those listed in the sub-paragraphs below, in the circumstances specified in those sub-paragraphs, even if the person harassed did not show the harasser that he or she is not interested in such propositions or references:
(a)to a minor or a helpless person – by exploiting a relationship of authority, dependence, education or care, and where the minor has not yet attained the age of 15 years – also without exploiting such a relationship, provided that the harasser is not a minor;
(b)to a patient, in the framework of mental, health, medical or para-medical treatment – by exploiting the patient's dependence on the therapist; in this sub-paragraph, "mental treatment" – as defined in section 347a of the Penal Law, 5737-1977;
(c)to an employee in the framework of an employment relationship, and to a person in service in the framework of service – by exploiting authority in the employment relationship or in the service.
(d)to a pupil in grade 12, 13 or 14, who is not a minor, by exploiting a relationship of authority in studies;
(e)to a pupil or student studying at an institution that imparts theoretical, religious or vocational education for adults (in this Law – an institution for adult education), by exploiting a relationship of authority in studies.
(f)(Expired)
(g)to a person – by exploiting a relationship of authority or dependence, in the framework of guidance or counsel by a religious cleric or by a person who impersonates a religious cleric or by a person who is known or presents himself or herself as possessing special spiritual powers.
(h)to a person, on the part of a public servant in the performance of his or her duties or in connection therewith, and by misusing his or her authority – by exploiting a relationship of authority or dependence of the person on the public servant; in this sub-paragraph, "public servant" – as defined in section 34x of the Penal Law, 5737-1977.
(i)to a person with a disability employed in a sheltered workshop – by exploiting a relationship of authority or dependence.
(b)Victimisation is harm of any kind originating in sexual harassment, or in a complaint or claim submitted in respect of sexual harassment.

Prohibition of Sexual Harassment and Victimisation§

4.

A person shall not sexually harass another person and shall not victimise that person.

Sexual Harassment and Victimisation – Offences§

5.
(a)One who sexually harasses a person as referred to in section 3(a)(3), (4), (5) and (6) is liable to imprisonment of two years; one who sexually harasses a person as referred to in section 3(a)(5a) is liable as one who wilfully infringes the privacy of another as referred to in section 5 of the Privacy Protection Law, 5741-1981.
(b)One who victimises a person as referred to in section 3(b) is liable to imprisonment of three years.
(c)One who sexually harassed another person as referred to in subsection (a) and victimised that person as referred to in subsection (b) is liable to imprisonment of four years.
(d)The provisions of sections 2a and 2b of the Amendment of Law of Procedure (Examination of Witnesses) Law, 5718-1957, shall apply to the examination of a person injured by an offence under this section and to that person's testimony in respect of such an offence.
(e)The provisions of section 352 of the Penal Law shall apply in relation to the publication of the name of a person injured by an offence, or who has complained of being injured by an offence, under this section.

Sexual Harassment and Victimisation – Civil Wrongs§

6.
(a)Sexual harassment and victimisation are civil wrongs, and the provisions of the Civil Wrongs Ordinance [New Version] shall apply to them subject to the provisions of this Law.
(b)The court may award, in respect of sexual harassment or victimisation, compensation not exceeding NIS 120,000, and in respect of sexual harassment or victimisation carried out from a motive of racism or hostility towards a public as referred to in section 144f of the Penal Law – double the said amount, without proof of damage; this amount shall be updated on 1 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 a 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 the month of August 2013.

(c)A court or the Labour Court, as the case may be, shall not entertain a claim in respect of a civil wrong under this section or under section 7, filed after the period prescribed in section 5 of the Limitation Law, 5718-1958 has elapsed from the day on which the cause of action arose, and the provisions of sections 18a and 18b of that Law shall not apply to such a claim.

Burden of Proof in a Claim in an Employment Relations Framework§

6a.

In a claim by an employee or by a job-seeker on account of harm on the basis of sexual harassment in an employment relations framework, as referred to in section 7 of the Equal Opportunities in Employment Law, the burden of proof shall be on the employer to show that it did not cause harm as referred to in that section, if the employee or the job-seeker has proven that the matters set out in one of paragraphs (1) to (3) of section 7(a) of that Law have been fulfilled, provided that three years have not yet elapsed from the day on which the cause of action arose.

Taking of Measures by an Employer§

7.
(a)An employer is obliged to take reasonable measures, in the circumstances of the matter, in order to prevent sexual harassment or victimisation in an employment relations framework, by an employee, or by a supervisor on the employer's behalf even if the supervisor is not an employee of the employer, and to handle every such case, and for this purpose the employer shall:
(1)establish an effective procedure for the filing of a complaint on account of sexual harassment or victimisation and for the investigation of the complaint;
(2)deal effectively with a case of sexual harassment or victimisation of which the employer became aware, and also do everything within the employer's power to prevent the recurrence of the said acts and to remedy the harm caused to the complainant as a result of the harassment or victimisation.
(b)An employer who employs more than 25 employees is obliged, in addition to what is stated in subsection (a), to establish a code of conduct setting out the main provisions of the Law regarding sexual harassment and victimisation in an employment relations framework, and detailing the procedures for the filing of complaints relating to sexual harassment or victimisation and the handling thereof, as determined by the employer (hereinafter – code of conduct); the employer shall publish the code of conduct among its employees.
(c)An employer who has not fulfilled its obligations under subsections (a)(1) and (2) and (b) shall be liable for the civil wrong under section 6, or for the civil wrong of harm as referred to in section 7 of the Equal Opportunities in Employment Law, committed by an employee, or by a supervisor on the employer's behalf even if the supervisor is not an employee of the employer, in the employment relations framework.
(d)The Minister of Justice, with the consent of the Minister of Labour and Welfare and with the approval of the Committee for the Advancement of the Status of Women of the Knesset, shall prescribe –
(1)rules for the performance of the employer's obligations under this section; such rules may be general or according to types of workplaces, branches of work or occupations;
(2)a model code of conduct to serve as a model for employers (hereinafter – model code of conduct).
(e)For the purpose of fulfilling the employer's obligations under subsection (b), the employer shall make the required adaptations to the model code of conduct.
(f)For the purposes of this section,

"victimisation" – including harm as referred to in section 7 of the Equal Opportunities in Employment Law;

"employment relations" – including employment under the Law on Rights for Persons with Disabilities Employed as Rehabilitees, and the employment of a person with a disability in a sheltered workshop;

"employer" – including an employer under the Law on Rights for Persons with Disabilities Employed as Rehabilitees, and an owner and operator of a sheltered workshop;

"employee" – including a person with a disability employed under the Law on Rights for Persons with Disabilities Employed as Rehabilitees or in a sheltered workshop.

(g)The provisions of this section shall apply, with the necessary modifications, also to an institution for adult education, and for this purpose the institution shall be regarded as the employer, the teacher or lecturer – as an employee or as a supervisor on behalf of the employer, and the pupil or student – as an employee.

Failure to Publish a Code of Conduct – Offence§

8.

An employer who has not published a code of conduct as referred to in section 7(b) is liable to a fine, and to an additional fine for each week during which the offence continued, at the rate of the fine prescribed in section 61(c) of the Penal Law.

Extension of Application§

9.

The provisions of this Law concerning an employer and an employee shall apply, with the necessary modifications and as appropriate, also to one who actually employs a person through a manpower contractor and to a service recipient who receives a service from a person through a service contractor, and to a person so employed.

Jurisdiction of the Labour Court§

10.
(a)The Labour Court shall have exclusive jurisdiction to hear civil proceedings under sections 6, 7 and 9 concerning one of the following –
(1)sexual harassment committed by an employer, or by a supervisor on the employer's behalf, against an employee, or committed by one employee against another employee, in an employment relations framework;
(2)victimisation by an employer, or by a supervisor on the employer's behalf, against an employee, or by one employee against another employee, in an employment relations framework;
(3)liability of an employer as referred to in section 7 on account of sexual harassment or victimisation committed by a supervisor on behalf of the employer against an employee, or by one employee against another employee, in the employment relations framework.
(b)The provisions of this section shall not apply to civil proceedings concerning sexual harassment or victimisation committed in service.
(c)The provisions of sections 10, 10a, 12 and 13 of the Equal Opportunities in Employment Law shall apply to proceedings under this section.

Application to the State§

11.

This Law applies to the State; for the purposes of the provisions of sections 7 and 8, the defence forces, where there are no employment relations between them and those serving in them, shall be regarded as an employer, and the person serving in them shall be regarded as an employee.

Savings Provisions§

12.

Nothing in the provisions of this Law shall derogate from the provisions of any law.

Implementation and Regulations§

13.

The Minister of Justice is responsible for the implementation of this Law and may, with the approval of the Committee for the Advancement of the Status of Women of the Knesset, make Regulations on any matter relating to its implementation.

Obligation to Make Regulations§

14.

Regulations in relation to section 7 shall be submitted for the first time for the approval of the Committee for the Advancement of the Status of Women of the Knesset within five months from the day of publication of this Law.

Amendment of the Equal Opportunities in Employment Law – No. 5§

15.

In the Equal Opportunities in Employment Law, 5748-1988 –

(1)in place of section 7 the following shall come:

"Harm on the Basis of Sexual Harassment

7. (a) In an employment relations framework, an employer or a supervisor on the employer's behalf 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 the job-seeker committed by the employer, by the supervisor on the employer's behalf or by another employee;

in this Law, 'sexual harassment' – as its meaning in the Prevention of Sexual Harassment Law, 5758-1998 (hereinafter – the Prevention of Sexual Harassment Law), provided that in relation to harm originating in sexual harassment under section 3(a)(3) and (4) of that Law, a single proposition or reference shall suffice;

(2)a complaint or claim by the employee on account of harm as referred to in this section;
(3)assistance by an employee to another employee in connection with a complaint or claim on account of harm as referred to in this section.
(b)The provisions of section 6(b) shall apply to harm originating in a complaint or claim as referred to in subsection (a)(2) and (3).
(c)The provisions of this section shall apply, in relation to an employer and an employee, with the necessary modifications and as appropriate, also to one who actually employs a person through a manpower contractor, and to a person so employed.";
(2)in section 9, in place of subsection (b) the following shall come:

"(b) In a claim by an employee or by a job-seeker on account of the breach of the provisions of section 7(a), the burden of proof shall be on the employer to show that it did not cause harm as referred to in that section, if the employee or the job-seeker has proven that the matters set out in one of paragraphs (1) to (3) of section 7(a) have been fulfilled.";

(3)in section 10 –
(a)the existing text shall be marked "(a)" and in paragraph (1), at its end the following shall come: "however, in civil proceedings on account of harm as referred to in section 7, the Labour Court may award compensation not exceeding NIS 50,000, without proof of damage;";
(b)after subsection (a) the following shall come:

"(b) The amount stated in subsection (a)(1) shall be updated on the 16th of each month, in accordance with the rate of increase of the new index compared with the base index; for the purposes of this subsection –

'index' – the consumer price index published by the Central Bureau of Statistics;

'the new index' – the index for the month preceding the month of updating;

'the base index' – the index for the month of March 1998.";

(4)in section 10a, in place of subsection (a) the following shall come:

"(a) In proceedings under this Law on account of harm originating in one of the matters listed in section 7(a), or on account of discrimination on the ground of sexual orientation as referred to in section 2(a), the Labour Court may hear the case in camera; if a plaintiff or a complainant has requested that the case be heard in camera, the court shall accede to the request, unless it has decided otherwise for special reasons that shall be recorded.";

(5)in section 14, at its end the following shall come: "however, in relation to a civil claim on account of harm as referred to in section 7, the limitation period shall be three years from the day on which the cause of action arose.";
(6)in section 15 –
(a)in subsection (a), in place of "6, 7 or 8" the following shall come: "6 or 8";
(b)after subsection (a) the following shall come:

"(a1) (1) One who contravenes the provisions of section 7 is liable to imprisonment as referred to in section 5(b) of the Prevention of Sexual Harassment Law;

(2)an employer or a supervisor on the employer's behalf who sexually harassed an employee as referred to in section 3(a) of the Prevention of Sexual Harassment Law and harmed that employee as referred to in section 7, is liable to imprisonment as referred to 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 in relation to an offence under subsection (a1).";
(7)in section 18, after subsection (d) the following shall come:

"(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 this purpose shall have the powers conferred by this section."

Amendment of the Labour Court Law – No. 29§

16.

In the Labour Court Law, 5729-1969, in the Second Schedule, at its end the following shall come: "section 8 of the Prevention of Sexual Harassment Law, 5758-1998".

Amendment of the Courts Law – No. 24§

17.

In the Courts Law [Consolidated Version], 5744-1984, in section 68(b)(5), at its end the following shall come: "or for an offence under the Prevention of Sexual Harassment Law, 5758-1998".

Commencement§

18.
(a)This Law shall commence upon the expiry of six months from the day of its publication.
(b)Notwithstanding what is stated in subsection (a), section 7 shall not enter into force until one month after the day of publication of the Regulations made pursuant thereto.

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