When a Client Becomes a Harasser at Work
Just like it often happens, an employee in the psychiatric department of Sheba Hospital found herself a victim of sexual harassment. This harassment did not come from a fellow employee or a manager, but from a patient who came to the department. She repeatedly approached management, receiving no response or proper handling. After having to deal with the situation without her employer's support, she was forced to resign. The significant stress she was under also led to a miscarriage. Eventually, the labor court awarded her NIS 75,000 in compensation and clarified that employers cannot evade their responsibility by claiming the harasser is not their employee.
What Courts Actually Examine
When it comes to sexual harassment at work, courts examine the relationship between employees and employers, not just between the employees themselves. The Prevention of Sexual Harassment Law requires employers to ensure a safe working environment for all employees. According to the law, an employer cannot shirk their responsibility just because the harasser is not a direct employee. The court ruled that there is an enhanced duty of good faith in employment relationships, and therefore, the responsibility lies with the employer to prevent harassment even from clients or patients. Courts use principles of good faith and employee training to protect them. Employers are required to have clients and patients sign documents clarifying what constitutes appropriate and inappropriate behavior.
When This Is Relevant — A Checklist
- ✓Is the harasser a third party and not a direct employee?
- ✓Have you approached company management and received no response?
- ✓Have you experienced stress or harm as a result of the harassment?
- ✓Has the employer not implemented programs to prevent sexual harassment?
If you feel your employer is evading their responsibility, do not hesitate to seek legal advice.
The Law That Protects You
According to the Prevention of Sexual Harassment Law, the employer's duty is to protect their employees even from harassment by third parties. The law requires the employer to take preventive measures and instruct employees on how to handle such harassment.
Questions Everyone Asks — But Nobody Asks the Lawyer
Real Situations — Which Side Are You On?
- An advertising agency employee received sexual comments from a senior client. Her employer did not react. Reasonable compensation.
- A nurse at a hospital verbally attacked by a patient. Management ignored it. Entitled to compensation.
- A lawyer whose client became aggressive. The firm took immediate action. Well-protected.
What to Do Right Now
Ensure your employer understands their responsibility to protect you even from third-party harassment. Request to see the company's policy on the matter. If you experience harassment and receive no response, the problem could escalate and cause you physical and psychological harm. Seek legal advice to secure your rights.