Compensation for sexual harassment – ​​how much financial compensation can be received?

פיצוי על הטרדה מינית יכול להיות מורכב מפיצוי ללא הוכחת נזק הקבוע בחוק למניעת הטרדה מינית, תשנ"ח- 1998, ופיצוי בגין נזקים אחרים אותם ניתן להוכיח שנגרמו לנפגע או הנפגעת (בניגוד לדעה הרווחת גם גברים מוטרדים מינית על ידי נשים, ולא רק להיפך).

Before we talk about what compensation for sexual harassment can be received, we must first understand what sexual harassment is. Then we will examine the compensation that can be received according to the provisions of the law, and see if there is a difference between one-time sexual harassment and ongoing sexual harassment.

Ultimately, we will examine examples from case law and see what compensation for sexual harassment has actually been awarded by the courts.

Attorney Eddie Blitstein has been representing plaintiffs and defendants in complex sexual harassment lawsuits for about 15 years. Need professional legal advice? Contact our office.

What is sexual harassment according to the law?

חוק למניעת הטרדה מינית, תשנ"ח-1998 Defines sexual harassment as follows:

(A) Sexual harassment It is any of these actions:

(1) Extortion by threats, as defined in Section 428 of the Penal Code, when the act 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 Code;

(3) Repeated sexual advances directed at a person who has shown the harasser that he or she is not interested in such advances;

(4) Repeated references directed at a person, focusing on their sexuality, when that person has shown the harasser that they are not interested in said references;

(5) Derogatory or humiliating reference directed at a person in relation to their gender or sexuality, including their sexual orientation;

5a) Publishing a photograph, film or recording of a person, focusing on his sexuality, in circumstances where the publication is likely to humiliate or demean the person, and his consent to the publication was not given, however, in criminal or civil proceedings under this paragraph, it will be a good defense for the publisher if one of the following applies:

(a) The publication is made in good faith, taking into account the circumstances of the publication, its content, form, scope and purpose;

(b) the publication was made for a legitimate purpose;

(c) There is a public interest in the publication that justifies it in the circumstances of the matter, provided that it is not false, or that it is an expression of opinion or criticism of a public official in connection with his position, and the publication did not exceed the reasonable scope for achieving its purpose;

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

6) Suggestions or references as stated in paragraphs (3) or (4), addressed to any of the persons listed in the following subparagraphs, under the circumstances specified in these subparagraphs, even if the harassed person has not shown the harasser that he is not interested in the said suggestions or references:

a) To a minor or a helpless person – while exploiting relationships of dominance, dependence, education or care, and if the minor has not yet turned 15 years old – even without exploiting such relationships, provided that the harasser is not a minor;

b) To a patient, within the framework of mental, health, medical or paramedical treatment – ​​while exploiting the patient's dependence on the therapist; in this subparagraph, “mental treatment” – as defined in Section 347A of the Penal Law;

(c) to an employee within the framework of an employment relationship, and to a person in service within the framework of a service – while exercising authority in an employment relationship or in service;

d) A student in the twelfth, thirteenth or fourteenth grade, who is not a minor, while exploiting relationships of dominance in their studies;

e) To a pupil or student, who studies at an institution that provides academic, religious or professional education to adults (in this law – an institution for adult education), while exploiting relationships of power in studies;

f) (expired);

g) To a person – while exploiting relationships of authority or dependence, within the framework of guidance or advice from a religious priest or someone who is currently posing as a religious priest or a person known or presenting himself as having special spiritual qualities;

h) to a person, by a public employee in the performance of his duties or in connection with them and while abusing his authority – while exploiting the person's relationship of authority or dependence on the public employee; in this subparagraph, "public employee" – as defined in Section 3424 of the Penal Law;

I) A person with a disability employed in a sheltered enterprise – while exploiting relationships of dominance or dependence.

(b) Harassment is harm of any kind that originates from sexual harassment, or from a complaint or lawsuit filed regarding sexual harassment.

As you can easily see, it is possible to receive compensation for sexual harassment in a very wide variety of situations. The purpose of the broad definition is to eradicate the phenomenon of sexual harassment as much as possible.

Section 4 of the law also expressly prohibits sexual harassment or bullying, and states as follows:

A person shall not sexually harass another person or abuse him.

Now that it is clear what sexual harassment is, we can move on to the next step and examine what compensation for sexual harassment can be claimed.

Compensation for sexual harassment – ​​without proof of damage

One of the most prominent advantages of the Sexual Harassment Prevention Law is the possibility of claiming compensation for sexual harassment. Without proof of damageThat is, the victim does not have to point out and prove specific damages in order to receive financial compensation from the harasser.

In this regard, Section 6 of the Law states as follows:

A. Sexual harassment and assault are civil wrongs, and the provisions of the Torts Ordinance [New Version] shall apply to them, subject to the provisions of this law.

on. The court may award compensation for sexual harassment or stalking not exceeding 120,000 new shekels, without proof of damage; this amount will be updated on January 1 of each year (in this section – the update day), in accordance with the rate of increase in the new index compared to the basic index, and a notice of the updated amount will be published in Reshumot; for the purposes of this subsection –

"מדד" – מדד המחירים לצרכן שמפרסמת הלשכה המרכזית לסטטיסטיקה;

"המדד החדש" – המדד שפורסם לאחרונה לפני יום העדכון;

"המדד הבסיסי" – מדד חודש אוגוסט 2013.

As you can see, the law provides compensation for sexual harassment of up to 120,000 shekels. However, you need to read all the provisions of the section carefully to discover that the compensation is linked to the index, and therefore, as of today, compensation for sexual harassment stands at a little over 132,000 shekels (without proof of damage).

Compensation for sexual harassment that led to provable damages

The fact that a victim can file a claim and demand compensation for sexual harassment without proof of damage does not prevent them from being included in the same framework. Claim A demand for compensation for damages they can prove.

For example: If the victim suffered psychological damage that can be proven through Expert opinion (usually a psychiatrist or psychologist) it will be possible to demand an additional amount of money for the same damages.

If indeed they were caused Mental damage Following sexual harassment, the amount of the claim is expected to be much higher than the amount specified in the Sexual Harassment Prevention Law.

Compensation for ongoing sexual harassment

ישנו הבדל בין הטרדה מינית חד פעמית להטרדה מינית מתמשכת מבחינת גובה הפיצוי. החוק נוקב בסכום פיצוי בגין פעולת הטרדה מינית אחת. כלומר, די בהטרדה מינית חד פעמית על מנת שניתן יהיה לדרוש פיצוי על הטרדה מינית בגובה עד 132 אלף ש"ח.

אם ההטרדה נמשכת גובה הפיצוי הנדרש הוא מספר הפעמים בהם התרחשה הטרדה מינית כפול גובה הפיצוי המקסימלי (נכון להיום קצת יותר מ-132 אלף ש"ח).

As can be seen without difficulty, the amount of compensation claimed may reach very significant amounts.

Compensation for sexual harassment – ​​court rulings

A look at the legal databases will reveal a very wide variety of judgments in which the victim of sexual harassment received financial compensation in a very significant amount.

ס"ע 48596-02-12 פלונית נ' אלמוני (פסק דין מיום 19.9.2019) – A shuttle driver suffered repeated sexual harassment from her employer. The court ruled in her favor to receive comprehensive compensation. מעל 600,000 ש"ח.

סע"ש 2597-01-15 פלונית נ' אלמוני (פסק דין מיום 27.1.2019) – An employee who worked at a pizzeria and suffered sexual harassment from the owner of the business. The court awarded her total compensation in the amount of 180,000 ש"ח.

ע"ע 9834-05-16 ד"ר דורון זמיר נ' אלמונית (פסק דין מיום 22.8.2018) – A medical secretary who suffered sexual harassment from the doctor who ran the department where she worked. The regional court awarded her financial compensation in the amount of 250,000 ש"ח for sexual harassment, and the National Court, as part of an appeal process, determined that the amount was indeed appropriate and fair.

In conclusion

Sexual harassment is a phenomenon that the legislature is trying to eradicate by expanding the actions that will be considered sexual harassment, for which very significant financial compensation can be demanded.

Compensation for sexual harassment can be claimed under the Sexual Harassment Prevention Law, and in these cases there is no need to prove damage. As of today, the amount of compensation is approximately 132,000 shekels. If there are multiple cases of sexual harassment, the amount of compensation required will be multiplied by the number of incidents of harassment and the amount of compensation stipulated in the law.

It is also possible to claim compensation for sexual harassment for damages that can be proven. In such a case, the victim must attach appropriate evidence to prove the damages they suffered as a result of the sexual harassment (for example, an expert opinion to prove psychological damages).

A review of court rulings will reveal that the courts do not take sexual harassment lightly and tend to award significant amounts of compensation.

Frequently Asked Questions Regarding Compensation for Sexual Harassment