Attorney Arik Shalev is a sought-after interviewee. The reason: he handles cases that concern each and every one of us. This time we talked to him about a surprising development that makes it possible to sue any sexual harasser at work: even if it's not the boss. A mind opening interview.Attorney Arik Shalev and his office team manage a long-standing and experienced office, which has been operating for about two decades and touches on a daily level in every field that interests the working citizen, the employers as well as the company owners in all branches of the economy, the various institutions, government companies and private companies. Basically, there is no person who does not have access to the areas of specialization and representation of his attorney, which encompass the various legal aspects related to labor law.
Among the areas that receive particularly high coverage is the issue of harassment in general and sexual harassment in the workplace in particular. the issue of sexual harassment in the workplace is on the rise in awareness, which peaked with the birth of the #MeToo movement in 2017.
Since then, more and more high-profile cases with a great public interest in this area land on his Shalev’s desk. Recently, in light of the expansion of the legal system's dealing with harassment in workplaces, there has been a further increase in applications and legal claims in these areas, many of which are handled by attorney Arik Shalev.Most of you will be surprised to hear that today even sexual harassment or harassment on a sexual basis that is not by a superior and his subordinate, but was committed by a person who can in some way influence the conditions of his/her work or the promotion of the harassed person, the harassed person will be charged with a not high burden of proof In order to prove that they did not agree to the repeated sexual offers or the repeated sexual references towards them. This, ladies and gentlemen, is a REVOLUTION !
In our conversation with his experienced lawyer, it became clear to us that this dramatic innovation leads to particularly challenging and interesting cases. We were very interested in this, so we asked for an explanation regarding the revolutionary expansion of the law's sections:What is the big legal innovation here?
Shalev: "Up until now, lawsuits regarding sexual harassment that have reached the court have been when there is a bitter relationship between the harassers and the harassed, when even in this matter, according to the latest ruling, the harassed are relieved by the fact that it is enough for them to prove that things actually happened, and as for the burden of proof that the harassed person did not agree to the things - It has been reduced a lot.
The innovation today is that the National Labor Court ruled that even when there is no relationship of malice but there is a relationship of influence - the burden of proof to prove that the harassed showed the harasser that he opposes the actions is much lower and in practice the lawsuit can be filed."
Please explain
"It is enough that one of the employees, for example, is a more senior employee and therefore closer to the management, this already creates unequal power relations and the burden of proof is reduced to the harassed and in practice shifts towards the harasser."Please explain
"It is enough that one of the employees, for example, is a more senior employee and therefore closer to the management, this already creates unequal power relations and the burden of proof is reduced to the harassed and in practice shifts towards the harasser."
Can you give us an example?
"Definitely. A good example is a claim of sexual harassment when the harassment was from a manager to a female employee who is in doubt subordinate to him. That is, an influential employee who harasses and harasses the female employee. Such harassment is a violation of the law for equal opportunities at work, in which a claim of over one hundred thousand NIS can be reached and more.Most of our claims include mental damages of up to 100% mental disability, which is unfortunately sometimes permanent (chronic), with very difficult cases of prolonged suffering. We usually represent the plaintiffs, the victims. But we also have clients who are employers and companies. We have such claims with actuarial opinions (estimation of the financial losses at the age of the injury and its results), when some of the harassments also involve dismissal from work and permanent disability. In such a case, the salaries that the victims were supposed to have until retirement age are calculated."What about a non-sexual harassment at work, how is dealt with this in the legal world?
"In almost all Western countries there are laws and regulation of the whole issue of harassment in the workplace.
There is significant and unequivocal legislation. It is treated like any injury or accident in the workplace.
Even in Israel regarding sexual harassment there is a clear regulation.
Among other things, it is mandatory to present
in the workplace regulations for the prevention of sexual harassment in every company or an organization of 25 or more employees, the place is obliged to appoint a supervisor to deal with sexual harassment and its prevention.
Regarding sexual harassment at work, there is a new attempt in Israel to enact laws to prevent the phenomenon, there are various suggestions according to which the sexual harassment supervisor will also be responsible for supervising and preventing harassment in the workplace in general.
An appointee is supposed to investigate each case on its own merits.
As mentioned, in Israel there is still no law regarding harassment and molestation, but we are heading in the right direction.Who is sued in a case of sexual harassment in the workplace?
"Usually both the workplace and the offender. For example, a lawsuit for sexual harassment in which the decision was made regarding 'relationships of influence', as in the case of a hotel employee who was harassed.
The harasser, a dessert chef at the hotel, was charged NIS 40,000 and the hotel was charged NIS 120,000, both plus of legal expenses".
Are you inclined to represent the plaintiffs? the victims?
"Yes"
Why is that?
“Usually, the defendants can afford higher fees...I also represent companies and employers,
but by and large my orderly vice is that representing weak people against a strong system is a bonus for me.
It is empowering to assist and help people in need."
Have you encountered injustice in the workplace? You have experienced sexual harassment:
Attorney Arik Shalev is your address.
Address: Tuval st. 13, Ramat Gan (3rd floor)
For an initial consultation call: 073-2505356
Email: office@law-shalev.co.il
Website: Arik Shalev & Co., Law Firm
Facebook: Arik Shalev & Co., Law Firm
This article was written in cooperation with SHAHAR TAMIR