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Women in the Israeli Labour Market Frances Raday

Women in the Israeli Labour Market Frances Raday Human Rights Council, Mandate Holder, WG on Discrimination Against Women Professor of Law, Hebrew University, Jerusalem Concord Research Center, COLMAN College of Management.

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Women in the Israeli Labour Market Frances Raday

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  1. Women in the Israeli Labour Market Frances Raday Human Rights Council, Mandate Holder, WG on Discrimination Against Women Professor of Law, Hebrew University, Jerusalem Concord Research Center, COLMAN College of Management

  2. Labour force data of the population aged 15 and over, divided by population groups & gender Men women

  3. 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

  4. Glass Ceiling and Mud Floor • Senior Staff at 100 public companies • Top-level employees – 8% women • Salaries of top-level women employees – 30% lower than men’s • The Marker 27 August 2012 • Lowest wages: • Vast majority of lowest wage earners are women • 25% of women have gross earnings below 2,900 NIS • The Marker 13 August 2012

  5. 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

  6. The High Court of Justice v. 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)

  7. 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

  8. 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)

  9. Sexual Harassment • Prohibition of Sexual Harassment Law – 1998 • Discrimination • Violation of human dignity • Violence against women • Jane Doe-John Doe – 2008

  10. Maternity • Women’s Employment Act • Paid maternity leave • Child-care absence • Protection against dismissal • Equal Employment Opportunity Law 1988 • Parental rights

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