Racism at work – who can be sued and what compensation can be received?

Racism at work is an unacceptable phenomenon in which the employer, other employees, and sometimes the customers of the business, treat an employee in an unacceptable manner and consider him or her to be an inferior person. Racism at work can be expressed in various ways, but it will most often be expressed through offensive statements that emphasize the origin or race of the victim.

אמירות פוגעניות אשר עשויות לבוא לידי ביטוי במסגרת גזענות בעבודה הן רוסי מסריח או אתיופי מסריח. לא תאמינו, אך אמירות ספציפיות אלה "מככבות" בפסקי דין רבים העוסקים בסוגיית הגזענות. כמובן שמדובר בדוגמאות בלבד ואמירות גזעניות אחרות/נוספות יכולות בהחלט להוביל לפיצוי כספי.

How do you prove the existence of racism at work?

If you are considering filing a lawsuit for racism in the workplace, you need to understand that it is usually not enough to go to the labor court with a general claim that you are being humiliated and treated racistly at your workplace. That is, you will need to prove what statements were made, when exactly they were made, if they were made to other people, you will need to specify who those people are, if the racist statements were made by one of the employees (as opposed to the employer itself), you will need to clarify whether you contacted the employer about this matter and what exactly he did following your request, and more.

The way to prove the existence of racism At work, it's not always complicated. Sometimes all it takes is recording the person who is acting racist towards you and presenting the recording and transcript in court.

Another option is To summon witnesses So that they can testify in your favor and detail in court what racist statements were made about you.

If racism is expressed through statements written in the workplace WhatsApp group, screenshots of those offensive statements must be presented to the court.

Who can be sued for racism at work?

There are three main parties against whom you can consider filing a lawsuit for racism in the workplace - the employer himself, another employee, and sometimes a customer who came to make a transaction (to purchase a product or receive a service) in the workplace.

Pay attention – If you are considering filing a lawsuit for workplace racism against a client, you will usually need to file the lawsuit, To the Magistrate's Court (It is also possible to file the claim in small claims court.) On the other hand, if the claim is against the employer or another employee at work, you will have to file the claim in the labor court.

There are cases in which you can file a lawsuit against the employer even if the employer itself was not directly involved in the racist acts, but did not prevent them.

For example: A customer who regularly comes to the workplace and humiliates the employee with racist remarks. The employee contacts the employer and complains about the customer and his racist remarks. If the employer does not act to resolve the problem or even encourages the customer to continue his remarks, this may establish a cause of action not only against the customer, but also against the employer for failing to prevent a hostile work environment.

Under what law can you sue for racism at work?

גזענות בעבודה עשויה להוביל להגשת תביעת לשון הרע ע"י Defamation lawyer.

חוק איסור לשון הרע מגדיר את המונח "לשון הרע" כך:

What is slander?

Defamation is something whose publication may –

(1) To humiliate a person in the eyes of others or to make him a target of their hatred, contempt or ridicule;

(2) To denigrate a person because of actions, behavior, or qualities attributed to him;

(3) To harm a person in his position, whether a public office or another position, in his business, occupation or profession;

(4) To demean a person because of his race, origin, religion, place of residence, age, gender, sexual orientation or disability;

Racism in the workplace is no small matter and can lead to significant financial damages. The Defamation Law allows you to sue Financial compensation without proof of damage Which can reach, as of today, a total of up to 72,000 shekels for each offensive statement.

If the prosecutor proves that those racist statements were made With the aim of harming אז התובע יוכל לדרוש כפל פיצוי, כלומר עד 144 אלף ש"ח בגין כל אמירה פוגענית.

Pay attention – אם גזענות במקום העבודה באה לידי ביטוי בהזדמנויות שונות על התובע להתייחס לכל המקרים משום שגובה הפיצוי מושפע ממספר המקרים. לדוגמה: אם אמירות גזעניות נאמרו בחמש הזדמנויות שונות, התובע יהיה רשאי לתבוע פיצוי כספי בסך 72 אלף ש"ח כפול 5, ואם האמירות הגזעניות נאמרו במטרה לפגוע אז התובע יוכל לתבוע פיצוי כספי בסך 144 אלף ש"ח כפול 5.

Another important thing to note about workplace racism and filing a defamation claim is that you need to prove that the racist statements were made or written in public. If the racist statements were made in private, without other people present to hear them, then it will be very difficult to establish a defamation claim for those racist statements.

In conclusion

The Defamation Law helps eradicate racism in the workplace. In order to file a defamation lawsuit for racism in the workplace, you need to prove what statements were made, when they were made, and by whom. This can be proven through recordings, witnesses, or screenshots.

The lawsuit can be filed against the employer (if he behaves in a racist manner or does not prevent racist statements), against an employee, or even against a customer.

It is important to prove that the racist statements were made publicly/in public and not just to the injured employee. In a situation where the statements were made only to the employee, without other people hearing them, it will not be possible to file a defamation claim.

Frequently Asked Questions About Racism at Work

Before filing a claim for racism at work, you should consult with Defamation lawyer An experienced attorney who will examine the case and the chances of success, and help you build the right strategy of action that will increase your chances of winning the lawsuit.