Employers are prohibited from discriminating against an employee because she is pregnant.
- Employers are prohibited from discriminating against a pregnant employee with regard to any of the following:
- For more information, see the following pages:
- Questions asked by an employer during an interview that are related to pregnancy/birth/parenting can be considered discriminating questions. For more information see questions that may be considered discriminatory in a job interview.
Who is Eligible?
- All pregnant employees.
How to Claim It?
- Discriminating against an employee in a way that goes against the Equal Opportunities in Employment Law is a civil and criminal crime.
- And employee who was discriminated against because of pregnancy is entitled to file suit in the labor court on the violation of the Equal Opportunities in Employment Law.
- Discriminatory suits may also be filed by workers unions and organizations for women's rights in the workplace.
- The labor court can grant compensation as it sees justified to the woman even if she did not suffer monetary damages. The court can also issue a restraining or mandatory injunction if it determines that compensation alone is not sufficient.
- If the claim was not heard by a court of law, a complaint may be submitted to the Equal Employment Opportunity Ombudsman.
- Inequality in the workplace will not be considered to be illegal discrimination in cases where it is required by the nature or character of the specific job.
- The Equal Opportunity in the Workplace law only applies to workplaces that have at least 6 employees:
- Despite this, the principle of equality still applies to workplaces with less than 6 employees based on the Basic Law - Human Dignity and Liberty.
- The significance of this is that employees in small work places, that have less than 6 employees, can not claim compensation without proving that damages were done according to the equal opportunity in the workplace law.
- The Equal Opportunity in the Workplace Ombudsman in the Ministry of Labor, Social Affairs and Social Services, provides free legal counsel to employers and employees on all issues related to equal opportunity in the workplace. For more information see Free Legal Counsel for Employers and Employees on the Issue of Equal Opportunity in the Workplace.
- A woman is not obligated to inform that she is pregnant during the hiring process
- Refusal to hire a pregnant woman
- Damages in the sum of 57,000 NIS were awarded to a woman who was fired after returning from maternity leave and because her replacement was preferred over her
- Click here for a comprehensive listing of organizations that provide assistance for issues related to employment and workers' rights and to women specifically.
|Government Agency||Areas of Responsibility||Topics|
|Equal Employment Opportunity Ombudsman||The ombudsman is responsible for enforcing all regulations related to equality at work and treatment of cases where forbidden discrimination occurred.||Equal employment opportunities|
|The Employment of Women Law Ombudsman||Enforcing The Employment of Women Law.||Equal employment opportunities, Working women|
|Ministry of Industry, Trade and Labor||The Ministry of Industry, Trade and Labor is responsible for all areas related to employment.||All workers' rights relevant to the Ministry of Industry, Trade and Labor. Click here to see a listing of all of the Ministry's departments on its website.|
|The Government Unit for Coordinating the Struggle Against Racism||The unit that deals with eliminating racism and discrimination and also deals with complaints it receives on the topic||Equal Opportunities in the Workplace, Prohibition against discrimination in education|
Laws and Regulations
- Section 2a of the Equal Opportunities in Employment Law
- Equal Opportunity in the Workplace on the Ministry of Labor, Social Affairs and Social Services website
- Equal Opportunity in the Workplace - A Guide for Employees from the equal opportunity in the workplace ombudsman.