Women in the Israeli Labour Market

Frances Raday

Human Rights Council, Mandate Holder, WG on Discrimination Against WomenProfessor of Law, Hebrew University, JerusalemConcord Research Center, COLMAN College of Management

Men

women

Labour force data of the population aged 15 and over, divided by population groups

& gender

Discrimination in the Workplace

Agreed perception of employers and employees:

•Age (82%)•Mothers of young children (80%)•Arabs and Ethiopians (70%)•Women (65%)•Ultra-Orthodox Jews and Russians (50%)•Reserve soldiers and Sefardi Jews (< 30%)

Perception of job-seekers:Assessed discrimination at less than 50% of the assessment of employers and employees

Glass Ceiling and Mud Floor

Litigation and Legislation

1964 – Equal Pay Act 1973 – Edna Hazin 1982 – Naomi Nevo – National Labour Court: “the time is not

yet ripe for equality” 1987 – Equal Retirement Age Act 1988 – Equal Employment Opportunities Act 1996 – Equal Pay Act

The High Court of Justicev.

The National Labour Court

Multiple discrimination – age and sex Naomi Nevo (NLC + HCJ): There is a lack of awareness of

discrimination when it is directed against women so the court must carefully scrutinise distinction between men and women is not based on stereotypes and prejudice.

Etana Niv (NLC + HCJ)

Wage discrimination Home-Centers (NLC + HCJ)

The Labour Courts on Stereotypes – a mixed record

Rejection of claims against employer stereotyping Shatiach Adom VIP Service – beauty requirements Warman v. El-Al – security requirements Harari – mommy-track requirements

Rulings against stereotypes Gestetner – strength requirements Plotkin – non-aggression requirements

Affirmative Action

Systemic solution to a systemic problem

Legislation: The Governmental Companies Amendment Act, 1992 The State Service (Appointments) Amendment Act, 1996 The Women's Equal Rights Amendment Act, 2000

Case law: Israel’s Women’s Network I (Government companies) Israel’s Women’s Network II (National Insurance) Israel’s Women’s Network III (Drugs Authority)

Sexual Harassment

Prohibition of Sexual Harassment Law – 1998

Discrimination Violation of human dignity Violence against women

Jane Doe-John Doe – 2008

Maternity

Women’s Employment Act • Paid maternity leave• Child-care absence• Protection against dismissal

Equal Employment Opportunity Law 1988• Parental rights