When the Harasser Isn't an Employee
An employee in the psychiatric department at Sheba Medical Center experienced repeated sexual harassment from a patient. Despite reaching out to seven different supervisors, including the person responsible for preventing sexual harassment, she was completely ignored. Under pressure and stress, she was forced to resign and even suffered a miscarriage as a result of the situation.
What Courts Actually Consider
Israeli courts, particularly the labor court, focus on the duty of good faith from employers towards their employees. When it comes to sexual harassment by third parties, such as clients or suppliers, the employer cannot claim they have no responsibility. The Prevention of Sexual Harassment Law obliges employers to provide a safe work environment and protect employees, even from external factors.
In the Sheba Medical Center case, the court ruled that the employer must act to prevent sexual harassment even by patients. This includes training employees, updating regulations, and having patients sign commitments not to harass.
Employers' duties also include acting immediately upon receiving a complaint, thereby showing they take harassment prevention seriously.
When It's Relevant — Checklist
- ✓You were harassed by a client at work
- ✓You reported to management and received no response
- ✓The harassment continues, and there's a risk of further harm
- ✓You don't feel safe at your workplace
The Law Applicable to Third-Party Harassment
The Prevention of Sexual Harassment Law covers all instances of sexual harassment in the workplace, including those originating from third parties. The employer's responsibility is to ensure a harassment-free work environment, even when it involves clients or suppliers, not just employees.
Employers are required to take steps to prevent harassment in the work environment, including periodic training and having external parties sign appropriate commitments. Failure to fulfill these duties can lead to legal proceedings and an obligation to compensate employees.
Questions Everyone Asks — But No One Asks the Lawyer
Real Situations — Which Side Are You On?
- A marketing manager receives sexual remarks from a regular client. Reported to management and received no response. → Grounds for a lawsuit.
- A technical support employee was verbally harassed by a supplier. Reported it, and the supplier was warned in writing. → The employer acted correctly.
- A secretary received indecent proposals from a new client. The employer held a meeting with the client and terminated the relationship. → Appropriate solution.
What to Do Right Now
The first step is to report any case of harassment to the person responsible for preventing sexual harassment in the organization. Ensure your employer takes clear steps to prevent harassment.
If you do nothing, the problem may worsen and lead to more severe consequences, including physical and mental harm. Therefore, it is important to seek help and act for a quick resolution.