Sexual harassment at work - Best lawyers

The workplace should constitute a safe, respectful environment that allows every person to fully utilize their skills and develop professionally. Unfortunately, the phenomenon of sexual harassment at work disrupts the daily routine, dignity, and mental and economic well-being of far too many employees.

The law in Israel recognizes the severity of this phenomenon and provides legal tools to deal with it, both on the preventive and reactive levels. If you are experiencing sexual harassment at your workplace, or if you are employers seeking to understand your obligations and create a work environment free from harassment,

this page is designed to provide you with comprehensive, clear, and valuable information. We will dive together into understanding this field, get to know the different forms of harassment, detail the employer's obligations, and emphasize how a lawyer specializing in this field can serve as support and a decisive factor in managing the situation. Beyond the information on the page, you will be able to find quite a few recommended lawyers specializing in this field.

What is sexual harassment in the workplace? Understanding the legal framework and its implications

The Prevention of Sexual Harassment Law, 5758-1998, is the legal cornerstone that defines what sexual harassment is and explicitly prohibits it. The law applies in a wide range of frameworks, with special attention given to the workplace, recognizing the unique power and dependency relationships that exist within it. Sexual harassment is defined as behavior of a sexual nature that harms a person's dignity, freedom, privacy, or creates a hostile, degrading, humiliating, or adversarial environment for them. It is important to emphasize that the definition does not refer only to physical contact, but to a wide range of behaviors, as we will detail further.

The consequences of sexual harassment in the workplace are multidimensional and severe:

• Personal and mental harm: Victims often experience severe emotional distress, including anxiety, depression, damage to self-esteem, feelings of guilt and shame, and sometimes even the development of post-trauma.
• Professional and economic harm: Sexual harassment can lead to decreased performance at work, absences, loss of promotion opportunities, and in extreme cases even being forced to resign or being fired. All of these result in direct and indirect economic harm.
• Harm to the work environment: Sexual harassment poisons the atmosphere in the workplace, damages work relationships, efficiency and productivity, and creates a hostile and unpleasant environment for all employees, even those who are not directly harassed.
• Legal consequences for the harasser and employer: The harasser is exposed to civil litigation and sometimes even criminal proceedings, while the employer may be found liable if they did not fulfill their obligations to prevent harassment and handle complaints properly.

Understanding that sexual harassment is not a "compliment" or "legitimate courtship", but improper and legally prohibited behavior, is a first and necessary step in eradicating the phenomenon. If you feel discomfort, humiliation, or harm as a result of sexually oriented behavior directed toward you in the workplace, do not hesitate to check your rights and take action.

Forms and expressions of sexual harassment at work: identifying prohibited acts

The Prevention of Sexual Harassment Law lists several behaviors considered sexual harassment. It is important that you know them so you can identify situations where you, or others around you, are experiencing harassment. It is important to note that harassment can occur between an employee and manager, between work colleagues, and even between an employee and a client or supplier, with the employer being responsible in these situations as well.

• Extortion with threats of a sexual nature: When a person threatens another with some harm (for example, harm to their work conditions, promotion, or even dismissal) if they do not respond to a demand of a sexual nature. This is one of the most serious expressions of harassment, clearly exploiting power relationships.
• Indecent acts: Acts performed for the purpose of sexual arousal, satisfaction, or humiliation. This definition is broad and can include a variety of behaviors, from unwanted physical contact of a sexual nature (such as hugging, kissing, caressing, pinching) to exposing sexual organs or performing sexual acts in front of another person without their consent.
• Repeated proposals of a sexual nature, directed at a person who has shown the harasser that they are not interested in them: Here the emphasis is on the lack of reciprocity and ignoring the will of the other person. Even if the proposals themselves, in isolation, do not constitute a criminal offense, their repetition despite explicit or implicit opposition turns them into sexual harassment.
• Repeated references focusing on a person's sexuality, when that person has shown the harasser that they are not interested in such references: This category includes comments, hints, crude jokes, or any other expression of a sexual nature directed at a specific person and focusing on their gender or sexuality, despite having made it clear that this is unacceptable to them.
• Degrading or humiliating treatment directed at a person regarding their gender or sexuality, including their sexual orientation: Here there is no requirement to show prior disinterest. The very degrading or humiliating treatment, due to a person's gender or sexuality, constitutes sexual harassment. Examples can include derogatory nicknames of a sexual nature, stereotypical and humiliating references regarding sexual function, and more.
• Creating a "hostile environment" at work: Even if the behaviors are not directed directly at you, a general atmosphere in the workplace that is sexually charged, full of crude comments, pornographic images, or other offensive sexual behavior, can be considered sexual harassment that creates a hostile, threatening, and humiliating environment. An employee should not have to endure such an environment in order to make a living.
• Retaliation: The law also prohibits "retaliation", which is harm of any kind that stems from sexual harassment, or from a complaint or lawsuit filed regarding sexual harassment. That is, if you complained about sexual harassment (or helped someone else complain), and the employer or harasser harm you in revenge (for example, worsening your work conditions, preventing your promotion, firing you), this is retaliation constituting an offense in itself.

Understanding this variety of behaviors is critical. Sometimes, people are unaware that certain behavior they are experiencing or witnessing is indeed sexual harassment according to law. Knowledge is power, and in this case, it is the power to say "no", to demand a respectful work environment, and to know when to seek help.

Employer obligations for prevention and handling of sexual harassment: active responsibility and creating a safe environment

The Prevention of Sexual Harassment Law and its accompanying regulations impose active and significant obligations on employers to prevent sexual harassment in the workplace and deal with it effectively when it occurs. Failure to fulfill these obligations may expose the employer to legal claims and liability for compensation, even if they did not commit the harassment themselves, but "only" did not act as required to prevent or handle it.

The main obligations imposed on you, as employers, include:

Establishing regulations for preventing sexual harassment:

• You must formulate and adopt clear and accessible regulations that detail the prohibition of sexual harassment and retaliation, present examples of prohibited behaviors, and clarify the ways to file complaints and the procedure for handling them.
• The regulations must be adapted to the nature and size of the organization, and it is highly recommended to seek legal advice when drafting them to ensure they meet all requirements of the law and case law.
• The regulations must be brought to the attention of all employees (for example, by posting them in a prominent place, sending them by email, including them in the employment contract or in new employee orientation documents).

Appointing a person responsible for preventing sexual harassment:

• You must appoint a responsible person on your behalf (in small organizations this can be the employer themselves, and in larger organizations it is usually an HR person or another designated official) whose role is to receive complaints about sexual harassment, investigate them, and recommend courses of action to you.
• It is important that the responsible person be someone with appropriate training, sensitivity, and ability to conduct an investigation procedure discretely, fairly, and efficiently. The responsible person must be provided with the authorities and resources necessary to perform their function.

Educational and training activities:

• You must take reasonable measures to inform employees and managers about the prohibitions on sexual harassment and retaliation, and about your obligations as employers under the law.
• It is recommended to conduct periodic training for employees and managers on this topic, which will include explanation of the law, identification of harassment situations, and the procedure for handling complaints. Such training contributes to raising awareness and creating an organizational culture that condemns harassment.

Effective and fair handling of complaints:

• When a complaint about sexual harassment or retaliation is filed, or when you become aware of such a case (even if no formal complaint was filed), you must act for immediate and thorough investigation of the matter.
• The investigation must be conducted discretely, while maintaining the dignity and privacy of those involved (the complainant, the accused, and witnesses). A fair opportunity must be given to each side to present their version.
• At the end of the investigation, you must make decisions regarding further handling: was there indeed harassment? What actions should be taken regarding the harasser (if found to have indeed harassed)? How to protect the complainant?
• All stages of the investigation and decisions made must be documented.

Taking measures to prevent recurrence of the incident and protect the complainant:

• If the investigation revealed that sexual harassment indeed occurred, you must take the necessary measures to prevent its recurrence, correct the harm caused to the complainant (as much as possible), and ensure there will be no retaliation against them.
• These measures can include disciplinary actions against the harasser (reprimand, warning, transfer to another position, and in serious cases even dismissal), providing instructions and guidelines, and if necessary, even physical separation between the harasser and the victim in the workplace.
• It must be ensured that the complainant will not be harmed as a result of filing the complaint.

Meticulous fulfillment of these obligations is not only compliance with legal requirements, but also an expression of social and managerial responsibility. A respectful and safe work environment contributes to employee welfare, high morale, and better productivity. Remember, investment in prevention is always preferable and cheaper than dealing with the damages of harassment that has occurred.

The crucial role of a lawyer in sexual harassment at work cases: accompaniment, representation, and empowerment

Dealing with sexual harassment in the workplace is a sensitive, complex, and emotionally charged process, whether you are on the victim's side, on the accused side (the one against whom the complaint was filed), or as employers responsible for handling the situation. An experienced lawyer knowledgeable in labor law and sexual harassment can provide you with close accompaniment, professional legal representation, and serve as a balancing and empowering factor throughout the entire journey. Their role is different and unique compared to other legal fields, and focuses on the delicate nuances of human relations, labor law, and protecting human dignity.

Legal assistance for victims of sexual harassment:

In the first stage, the lawyer will listen to you attentively, analyze your specific case, and explain your rights under the law in clear language. They will detail before you the variety of possible courses of action:

• Filing an internal complaint with the sexual harassment officer at the workplace.
• Filing a civil lawsuit in labor court (or civil court in certain cases) to obtain monetary compensation, injunctions, and sometimes even additional remedies.
• Filing a complaint with the police (in cases where the harassment rises to the level of a criminal offense, such as indecent acts or extortion with threats).
• The lawyer will help you understand the advantages and disadvantages of each option, and the chances of success.

Collection and documentation of evidence:

Proving sexual harassment can be challenging, as many cases occur without witnesses. The lawyer will guide you on how to collect and document evidence legally and effectively (recordings, messages, emails, testimonies from colleagues if available, medical documentation of mental harm, etc.).

Accompaniment in the internal investigation procedure at the workplace:

If you decide to file an internal complaint, the lawyer can help you formulate the complaint, prepare you for testimony before the officer, and in some cases even represent you in the investigation procedure. They will ensure the procedure is conducted fairly and properly.

Conducting negotiations to reach a settlement:

Sometimes, it is possible to reach a settlement with the employer or the offender outside the courthouse walls. The lawyer will represent you in these negotiations, aiming to achieve appropriate compensation, an apology, or any other remedy that will satisfy you and allow you to move forward.

Representation in legal proceedings:

If a settlement cannot be reached, or if you decide this is the right path for you, the lawyer will file a lawsuit on your behalf to the appropriate court and represent you throughout the entire legal process, from formulating the lawsuit, through collecting evidence, examining witnesses, to presenting arguments before the labor court or court.

Protection against retaliation:

The lawyer will be alert to any attempt at retaliation by the employer or offender as a result of filing the complaint or lawsuit, and will act decisively to protect you and exhaust legal remedies against the retaliator.

Support and emotional accompaniment:

Beyond legal assistance, a sexual offenses lawyer experienced in this field understands the emotional difficulty involved in dealing with sexual harassment, and can serve as an attentive ear and important source of support in the process.

Legal assistance for someone against whom a sexual harassment complaint was filed (the accused):

• Ensuring fair procedure: Even if you are on the side accused of harassment, you have the right to a fair procedure and factual investigation of the claims against you. The lawyer will ensure that the internal investigation at the workplace is conducted according to the rules, that you are given a full opportunity to present your version and bring evidence, and that your rights are preserved.
• Presenting your version and defending against false accusations: The lawyer will help you formulate your line of defense, present the facts from your perspective, and if necessary, refute claims that are incorrect or taken out of context. An accusation of sexual harassment is serious and may have severe consequences for your good reputation and professional future, so it is important to deal with it seriously and with legal assistance.
• Conducting negotiations and seeking solutions: In some cases, even when there is factual disagreement, it is possible to reach agreed solutions that will prevent lengthy and expensive legal procedures. The lawyer can help in conducting discrete negotiations to achieve such a solution.
• Representation in disciplinary or legal procedures: If the accusations lead to a disciplinary procedure at the workplace, or if a civil lawsuit or criminal complaint is filed against you, the lawyer will represent you and defend your interests.

Legal assistance for employers:

• Preventive legal advice: The lawyer can help you, as employers, comply with all your obligations under the sexual harassment prevention law: formulating regulations adapted to the organization, training employees and managers, establishing an effective system for handling complaints, and ongoing advice to the sexual harassment officer. These preventive actions are the best way to reduce the risk of harassment occurring and exposure to lawsuits.
• Accompaniment in complaint investigations: When a complaint is received, the lawyer can advise you how to conduct the investigation procedure professionally, fairly, discretely, and efficiently, according to the requirements of the law and case law. They can help in analyzing evidence, making informed decisions, and documenting the procedure.
• Legal representation in procedures: If a lawsuit is filed against the organization regarding sexual harassment or failure to fulfill obligations as an employer, the lawyer will represent you in labor court or other courts and will act to protect your interests.
• Crisis management and protecting the organization's reputation: A sexual harassment complaint may damage the organization's reputation. An experienced lawyer can help in managing the media and internal crisis, and take steps to maintain a positive image.

Dealing with sexual harassment issues requires sensitivity, professionalism, and experience. Turning to a lawyer specializing in this field can make the difference between feeling helpless and confused and feeling in control, empowered, and striving for justice.

LawReviews: Your reviews are the key to choosing the right lawyer

The decision to turn to a lawyer on a sensitive topic like sexual harassment at work is a significant step, and choosing the right professional has a decisive impact on the entire process. You need not only legal expertise, but also empathy, discretion, and someone who will fight for you with determination and sensitivity.

At LawReviews, we believe in the power of collective wisdom. Our platform centralizes authentic and detailed reviews from clients who have already used the services of lawyers in the field of sexual harassment at work and in other fields. Here you can learn from others' experiences, get an impression of the professionalism, personal treatment, and results achieved by different lawyers. The information on the site allows you to make an informed decision and choose the lawyer most suitable for your unique needs, your specific situation, and your personal feelings.