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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