In a ruling by the Tel Aviv Regional Labor Court, an employee was awarded 430,000 shekels in compensation after enduring serial sexual harassment by the CEO and owner of her previous company. The court issued its decision in December, and the details were made public in early January, with measures taken to protect the plaintiff’s privacy.
The ruling sends a message about the seriousness of workplace sexual harassment. Getting that message across is crucial, since sexual harassment at work is a widespread problem in Israel. According to data from the Central Bureau for Statistics, more than 1 in 100 women were sexually harassed in the workplace during 2023.
Testimony in court detailed that the CEO frequently “asked” the plaintiff to massage his feet and demanded that she clean his pants while he was wearing them. According to her testimony, she felt compelled to comply with some of his demands out of fear that he would fire her and jeopardize her livelihood.
The plaintiff worked at the company for only two months, between December 2019 and February 2020. During this brief period, she alleged that the manager committed no fewer than 30 separate acts of sexual harassment, exploiting his position of power. These acts included physical assault and repeated sexual remarks.
The defendant admitted during the trial that he had offered the plaintiff a foot massage during her job interview and acknowledged that she cleaned his pants while he wore them. However, he argued that these actions did not constitute sexual harassment. He claimed the foot massage comment was made in jest and without sexual intent, asserting that feet are not inherently sexual organs. He also denied the plaintiff’s other accusations and even alleged that she had sexually harassed him.
As part of his defense, the CEO filed a counterclaim seeking 1.68 million shekels (about $459,000) in damages for alleged sexual harassment, defamation, breach of employment agreement, and other claims. That counterclaim was eventually dismissed entirely.
The court ultimately ruled in favor of the plaintiff, determining that she had substantiated most of her allegations. The court found that all of the defendant’s actions constituted sexual harassment. The judge stated that the “requests” for a foot massage and the demand to clean his pants were of a sexual nature and part of a pattern of distinctly sexual behavior.
“All of the defendant's acts of harassment toward the plaintiff were carried out in a manner that humiliated, belittled, and degraded her, violating her dignity,” wrote Judge Dafna Hasson Zacharia. “These suggestions and statements by the defendant also constitute objectification of the plaintiff, as they express a treatment of her as a tool intended to satisfy the defendant’s desires and needs, while trampling on her dignity and free will, and exploiting his power and the relationship of domination between the two.”
The court noted the severity of the acts, the frequency of the harassment, and the significant harm caused to the plaintiff’s dignity, self-confidence, and right to a safe workplace. As a result, the CEO was ordered to pay 400,000 shekels (about $109,000) in compensation to the plaintiff, without requiring proof of damages. The company was ordered to compensate the employee an additional 30,000 shekels (about $8,000) for failing to take reasonable measures to prevent workplace sexual harassment. The company and its owners were also ordered to cover the plaintiff’s legal expenses, amounting to 100,000 shekels (about $27,000).
The judge rejected the CEO’s argument that his requests for a foot massage and for the plaintiff to clean his pants were innocent jokes devoid of sexual intent. “Even if this claim were accepted, it would not exempt such behavior from being classified as prohibited sexual harassment,” she said. The court also found evidence that the defendant had made similar demands of other female employees but not of male staff, further highlighting the chauvinistic and sexist nature of his actions.
This article was translated from Hebrew by Marina Levy.
