Sexual harassment in the workplace is not merely an “unpleasant atmosphere” or a misunderstanding. It is a criminal offense with a clear legal definition that places heavy responsibility on the employer. The law recognizes a wide range of prohibited behaviors, even those that do not involve any physical contact, and its supreme goal is to protect the dignity, liberty, and privacy of every employee. Correctly addressing this issue is not only a legal obligation—it is a vital component in building a healthy organizational culture and safeguarding the company’s reputation.
What Truly Constitutes Sexual Harassment Under the Law?
Many organizations operate under the mistaken assumption that sexual harassment is limited to physical assault, but the legal reality is far more complex and broad. The Prevention of Sexual Harassment Law defines a list of specific behaviors that are, in every respect, an offense, and it draws clear red lines for conduct between employees, and especially between managers and their teams.
A precise understanding of these definitions is the most crucial strategic line of defense for any organization. It allows managers to identify red flags and act proactively before a situation escalates, and it empowers employees to know when a certain behavior has crossed the line and when they can and should demand their rights.
Far Beyond Physical Contact: The Behaviors Prohibited by Law
To understand the full picture, it is essential to be familiar with the categories detailed in the law. Each one stands independently as sexual harassment and exposes the organization to risk.
This table presents the five behaviors defined as sexual harassment in the law, alongside a practical workplace example for each, to illustrate the concepts clearly and sharply.
| Type of Behavior | Legal Definition | Practical Workplace Example |
| Sexual Extortion | An act of a sexual nature done to compel a person to perform some action. | A manager implying to an employee that their promotion depends on “going out for a drink with them.” |
| Indecent Acts | An act for the purpose of sexual arousal, gratification, or debasement. | Unwanted touching, even if “fleeting,” body rubbing, or exposure of intimate parts. |
| Repeated Overtures | Sexual propositions directed at a person who has shown they are not interested. | A colleague who continues to send messages with sexual innuendo even after being asked to stop. |
| Repeated References | References focusing on a person’s sexuality, after they have shown they are not interested. | Constant comments about an employee’s attire or body (“That dress is so flattering…”) that cause discomfort. |
| Degrading/Humiliating Expression | A humiliating or derogatory expression relating to a person’s sex, gender, or sexual orientation. | Telling crude and sexist jokes in a team meeting, or displaying pornographic content in the work environment. |
Any one of these behaviors, when it occurs within the framework of employment relationships, can constitute grounds for a lawsuit and demands immediate and decisive intervention from the employer.
Case law has established that even a manager’s stories about their private sex life, in the presence of a subordinate employee, constitute sexual harassment. The expression does not need to be directed immediately at the employee’s sexuality; it is enough that it creates a hostile, offensive, and intolerable work environment.
The Element of Non-Consent and the Exception Every Manager Must Know: Power Dynamics
In most cases, for a behavior to be considered harassment, the victim must show that they objected or made it clear they were not interested. This is the element of “non-consent.” However, and this is a particularly critical clause in workplaces, there is a fundamental exception: Power Dynamics (or relations of subordination/authority).
When dealing with a relationship with a power imbalance, for instance, between a direct manager and a subordinate employee, the law assumes as a starting point that free and genuine consent does not exist. The employee is in an inherent position of inferiority; they fear damaging their status, promotion, or even their job, and therefore may not feel free to refuse.
This is why, in a situation of power dynamics:
-
Sexual overtures will be considered harassment even if the employee did not explicitly say “no.”
-
Sexual relations within such a framework can be considered the exploitation of power dynamics—a severe offense in itself.
In such situations, the burden of proof is reversed. The person in authority is the one who must prove they did not exploit their position. This fundamental assumption is intended to protect vulnerable employees and deter managers from crossing the line. Understanding this principle is a cornerstone in building a safe and respectful organizational culture.
The Scope of the Phenomenon in Israel: What the Numbers Don’t Tell
Many tend to think that sexual harassment in the workplace is a rare phenomenon, something that happens “to others.” But looking beneath the surface, the data reveal a completely different reality—a troubling picture of a deep gap between the number of actual incidents and the number of official complaints. This gap is not just dry statistics; it is a story of quiet fear and distrust that erodes organizations from within.
This gap, known as “under-reporting,” is perhaps the biggest challenge for employers who truly aspire to create a safe work environment. It indicates that even in an organization that seems calm and functional outwardly, employees may be suffering in silence, without the management even being aware of the problem.
Why Do Victims Stay Silent?
Silence around sexual harassment does not stem from indifference. It stems from a whole array of barriers and fears deeply rooted in the organizational culture. Understanding these reasons is the first step every manager must take to build trust and encourage transparency.
The main fears preventing reporting are:
-
Fear of Dismissal or Damage to Promotion: This is the most immediate and powerful fear. Employees worry that a complaint will label them as a “troublemaker” and destroy their career.
-
Lack of Trust in the System: There is a deep fear that the complaint will simply be “buried” in a drawer, that it won’t be taken seriously, or that the internal investigation will be biased in favor of the harasser—especially if it is a senior manager.
-
Fear of Social Isolation and Retaliation: The victim fears becoming the subject of gossip, being ostracized by colleagues, or suffering direct and indirect harassment from the harasser or their associates.
-
Victim Blaming: The fear of being asked, “What were you wearing?” “Why did you stay alone with him?” or being accused of “misinterpreting the situation.” This fear adds another layer of humiliation to an already difficult experience.
“When an employee feels that merely submitting a complaint endangers their livelihood and social standing, they are essentially facing an impossible choice. The employer’s role is to dismantle this equation and create a reporting mechanism that is perceived as an opportunity for correction, not an existential threat.”
The Disturbing Reality in Numbers
These fears don’t remain in theory. They are clearly expressed in the data. Surveys conducted in Israel repeatedly point to a wide scope of harassment and a worryingly low reporting rate.
One figure that sharply and clearly illustrates the severity of the problem: According to a comprehensive survey, 98% of women who experienced sexual harassment did not report it to the police at all. This is an astonishing figure that reflects a deep distrust in enforcement systems.
The research also found that for 47% of women, the harassment was a one-time event, but for 18% of them, it was a series of harassments that lasted between a month and a year. This figure emphasizes the ongoing damage of a hostile work environment. You can read more about the research findings on the website of the Legal Center for Sexual Harassment.
These numbers are a wake-up call for every employer. They prove that relying on “industrial quiet” and the absence of official complaints is a dangerous illusion. The only way to deal with the phenomenon is not to wait for a complaint, but to initiate an organizational culture based on trust, education, and a clear zero-tolerance policy.
Employer Responsibility: Far Beyond a Checkmark on a List
Many employers treat the Prevention of Sexual Harassment Law like a checklist. They draft a code of conduct, appoint a responsible person, hang a notice on the board—and feel they have fulfilled their obligation. But this approach, which views the law as just another bureaucratic burden, is not only a failure to achieve the true goal but also a recipe for disaster that exposes the company to enormous legal and reputational risks.
The law is not a wall to climb over, it’s the floor. It sets the minimum required to even begin talking about a safe work environment. The employer’s real responsibility doesn’t end with a checkmark on the legal clauses; it begins precisely there. It lies in building an organizational culture where sexual harassment simply cannot thrive.
The Essential Foundation: Employer Duties by Law
Before diving into a proactive strategy, it is essential to align and recognize the basic requirements that the law imposes on every employer in Israel. It is important to understand: neglecting any of these is a criminal offense in itself, even before any complaint has been filed.
What is the minimum required?
-
Drafting and Publishing a Code of Practice: Every business must have a clear code of practice defining the organization’s policy for preventing sexual harassment. If you have over 25 employees, a generic code from the internet will not suffice—it must be specifically tailored to the nature of your organization.
-
Appointing a Responsible Person (Supervisor): It is mandatory to appoint a specific person whose role is to receive and investigate complaints. The name of the Supervisor and the person in charge of them must be known and visible to every employee.
-
Ongoing Employee Notification: You are obligated to ensure that every employee, from the newest to the most veteran, is familiar with the provisions of the law and your code of practice.
-
Conducting Training and Awareness Activities: It is not enough to hang a notice. The law requires you to take proactive steps to raise awareness and prevent harassment cases in advance.
-
Immediate and Effective Handling of Complaints: From the moment a complaint is filed, the clock starts ticking. You are obligated to investigate it efficiently, discreetly, and without delay, and to do everything necessary to prevent the recurrence of the incident and protect the complainant.
Non-compliance with these requirements is not just a managerial failure, it is a ticking time bomb. It exposes you to a compensation claim even if you were completely unaware of the harassment. In fact, the law holds you responsible for the damage, unless you prove you did everything you could to prevent it—and these steps are just the starting point.
From Firefighting to Prevention Strategy
The approach that waits for a complaint to be filed before acting is a sure recipe for catastrophe. By the time this stage is reached, the damage has already been done—to the affected employee and to the entire organization. Team morale plummets, reputation is harmed, and productivity drops. It is a game where everyone loses.
“When an employer handles a complaint only after it has been submitted, they are essentially managing a crisis. The true goal should be to prevent the crisis in the first place. Investment in prevention is always cheaper and more effective than dealing with the damages of a toxic work environment.”
A positive organizational culture does not happen by itself. It requires genuine and continuous commitment, from the CEO down to the last employee.
How is this done in practice? Some practical steps:
-
Training that’s not just a checkmark: Instead of a boring annual presentation, organize interactive workshops. Use real-life examples from the company. Open an honest and frank discussion about “grey areas” and give managers practical tools to identify warning signs before they turn into a fire.
-
Personal Example from Management: The CEO and VPs must lead the zero-tolerance line. When employees see that management takes the issue seriously, talks about it openly, and acts decisively, the message permeates the entire organization. This is the difference between a policy on paper and a living policy in the field.
-
Making the Supervisor a Real Point of Contact: Ensure the Supervisor for preventing sexual harassment is not just a “paper” role. This must be a person who earns the employees’ trust, with suitable interpersonal skills and real authority to act. Consider appointing two people (e.g., a man and a woman) to give employees a choice of who they feel more comfortable with.
-
Periodic Review of the Code of Practice: Is the code you drafted three years ago still relevant? Does it address hybrid work, communication in WhatsApp groups, or company events outside the office? Update it regularly to reflect the changing reality of the workplace.
The shift from a policy of firefighting to a strategy of prevention is not just “the right thing to do.” It is the smartest business decision an organization can make. It protects employees, safeguards the company’s reputation, and ensures long-term stability and growth.
What to Do When it Happens: An Action Guide for Employees
Realizing you have experienced or witnessed sexual harassment in the workplace is a jarring moment. Everything feels confused, and alongside the emotional turmoil, a paralyzing sense of helplessness immediately surfaces. What do you do now? Who do you turn to? How do you deal with the fear? This guide is designed to restore your sense of control.
Filing a complaint is not just an act of self-defense. It is a courageous action that also protects others and prevents the harasser from harming again in the future. It is important to remember, the law is on your side, and you are not alone. Here is a clear, step-by-step roadmap to help you navigate this situation confidently.
Step One: Documentation. Memory is Important, but Evidence Wins
The moments after the incident are critical. Even if you are still debating whether to act, the most important thing to do immediately is to document every detail. Our memory tends to fade, and details that seem small now can be the difference between a strong complaint and one that is difficult to prove.
Do not rely only on what you remember. Sit down and write for yourself, as close as possible to the time of the incident, everything that happened.
What is important to document?
-
Exact Date and Time: When exactly did it happen?
-
Location: Where were you? In the office, in the hallway, in the kitchenette, or even outside the workplace at a company event?
-
What was said and done: Write every word, every gesture, every act. Be as specific as possible, even if it is emotionally difficult.
-
Potential Witnesses: Who else was there? Even if they didn’t see it directly, perhaps they heard something or noticed your distress afterward. Write down every name.
-
Your Feelings: How did you feel at that moment and immediately afterward? Fear, humiliation, anger—all are relevant and important.
At the same time, keep any physical or digital evidence. Screenshots of WhatsApp messages, offensive emails, recordings of conversations (subject to law), or any other document related to the case. This documentation is your solid foundation for moving forward.
Step Two: Who to Turn To? The Channels of Action Available to You
After documenting the incident, you have several options. There is no one “correct” way—the choice depends on you, your feelings, and the specific workplace.
Option 1: Internal Filing within the Organization
Every organization in Israel is obligated to appoint a Supervisor (Responsible Person) for the prevention of sexual harassment. This is the official and first address to which it is possible and advisable to turn. You can also contact your direct manager (as long as they are not the perpetrator) or the Human Resources (HR) department.
Remember: From the moment you file a complaint, the employer is under a legal obligation to investigate it immediately, thoroughly, and discreetly. Furthermore, they are absolutely prohibited from allowing any type of retaliation against you because of the complaint—this is a severe offense in itself.
Option 2: External Filing
Sometimes, filing internally does not feel safe or is simply not possible. In such cases, or alongside the internal filing, you can turn to external entities:
-
Legal Counsel: A conversation with a lawyer specializing in labor law will clarify your rights and help you formulate a smart course of action.
-
Filing a Police Complaint: Sexual harassment is a criminal offense in every respect. It is your right to file a police complaint at any stage.
-
Equal Employment Opportunities Commission: This is a governmental body that assists and advises in cases of harassment and discrimination in the workplace.
The following infographic illustrates how an employer’s responsibility for preventing sexual harassment is built in stages: establishing a Code of Practice, conducting training, and implementing a comprehensive prevention strategy.
The infographic emphasizes that building a safe work environment is a continuous process, starting from the legal foundation (Code of Practice), moving through education and awareness (Training), and reaching the ultimate goal of active prevention.
It is important to know that you do not have to go through this alone. Seeking emotional support from friends, family, or professionals is essential to maintaining your mental resilience throughout the entire process. Ultimately, action is the best way to regain your power and sense of security.
Managing a Complaint and Protection Against Retaliation
Filing a complaint about sexual harassment is a seminal moment, a courageous step by an employee. But this is where the organization’s true test begins. The way a complaint is handled is not just a matter of compliance with the dry letter of the law; it is the moment of truth when the “zero-tolerance” policy turns from a slogan on the wall into a living, breathing core value of the company.
The success of the entire process rests on three pillars: speed, discretion, and professionalism. From the moment the complaint is on the table, the employer must act immediately. The investigation must be thorough and quick, but above all, it must be conducted with infinite sensitivity, while hermetically safeguarding the dignity and privacy of all involved—the complainant, the subject of the complaint, and every witness called upon to give their account.
The Absolute Prohibition of Retaliation
One of the biggest pitfalls in the process, and the most sensitive issue of all, is protecting complainants from retaliatory actions. Retaliation is any harm, minor or major, to a person who dared to complain, testify, or even just assist someone else in the process. It is critical to understand one point: Retaliation is a severe offense in itself, and it stands completely separate from the results of the original complaint’s investigation. Even if the complaint was found to be unjustified, any act of revenge against the complainant is absolutely forbidden.
The law views retaliation as a blatant attempt to silence victims and sabotage the investigation process. Therefore, the responsibility to actively prevent it rests entirely on the employer’s shoulders. Retaliation can take many forms, some obvious and clear, and others subtle and no less poisonous:
-
Professional Harm: Demotion, withholding interesting projects, or freezing a promotion that was pending.
-
Worsening Conditions: Transfer to “exile” in a distant office, adverse change in shifts, or damage to salary conditions.
-
Social Isolation: Quiet ostracization by colleagues, removal from team WhatsApp groups, or “forgetting” to invite to important meetings.
-
Hostile Atmosphere: Creating a stressful work environment, offensive innuendos, dismissive treatment, or cynical jokes at the complainant’s expense.
“The true test of an organization is measured not only by how it investigates a harassment complaint, but by how it protects the one who had the courage to speak up. This protection is the foundation of any culture of trust and transparency.”
The Protection Applies to Everyone
A point many employers miss: protection against retaliation is not reserved only for the complainant. The law extends a broad umbrella of protection to everyone who took part in the process.
The circle of protected individuals includes:
-
The Complainant: The person who filed the complaint.
-
Witnesses: Any employee who provided information or testimony during the investigation, even if the information was minor.
-
Anyone who assisted: An employee who helped draft the complaint, encouraged the complainant to act, or simply offered support.
The employer’s responsibility is to ensure that none of them suffers any harm, direct or indirect. Official data emphasize how critical it is to create a safe environment, as under-reporting is still a silent epidemic. Initial findings from the CBS Personal Security Survey for 2022 show that about 4.7% of women over the age of 20 reported being harmed by sexual harassment, compared to 0.7% of men—a sixfold difference. The truly disturbing figure is that most victims still prefer to suffer in silence and not report. Full findings are available on the Central Bureau of Statistics website.
Ultimately, professional complaint management and uncompromising protection against retaliation are what distinguish an organization that is truly a safe workplace from an organization that merely has a nice code of practice hanging on the wall.
How We Build a Truly Safe Work Environment for You
Dealing with sexual harassment in the workplace is much more than just meeting the requirements of the law. The law is the floor, not the ceiling. At RNC Group, we believe that the only way to truly protect an organization is to turn the words on paper into a living, breathing organizational culture.
We do not believe in “off-the-shelf” solutions. Our approach begins with a deep dive into your company’s DNA, to understand who you are and what truly matters to you.
From Building Foundations to Close Crisis Guidance
The process we lead is a strategic partnership, not a one-time service. We work with you to build a complete protective framework, one based on prevention, education, and readiness for the day of reckoning.
We operate on three complementary levels:
-
Customized Code of Practice, Not “Copy-Paste”: We do not use ready-made templates. We write a code of practice that reflects your unique values, structure, and challenges. The goal is a living, clear, and relevant document that every employee will understand and respect.
-
Workshops and Training that Open Minds (and Hearts): Forget boring presentations. We conduct open discussions and practical workshops that generate genuine dialogue. We equip managers with tools to identify red flags and empower employees to know their rights and boundaries.
-
Personal Guidance for Supervisors and Managers: The role of the Supervisor for preventing sexual harassment is critical, and often lonely. We provide them with in-depth training and ongoing guidance, so they feel confident managing sensitive investigations with the professionalism, sensitivity, and absolute discretion required.
“An organization that does not proactively invest in prevention is essentially choosing to deal with the damages when they are already here. The smartest investment is in creating a culture where such problems do not arise in the first place. This is the only way to protect your most important asset: your people.”
Our approach is focused on real, long-term change. We embed norms of respect and open communication, and build strong internal mechanisms that know how to handle any incident quickly and decisively. This way, you are not only complying with legal requirements but also building a safer, more respectful, and more productive work environment for everyone. This is not an expense—it is a direct investment in human capital and the future of the company.
Sexual Harassment in the Workplace: Q&A
We have compiled some of the most pressing questions that arise when discussing sexual harassment at work. The goal is to bring order, explain complex concepts in simple language, and provide practical tools for employees and managers dealing with situations that are not always black and white.
What if it was “just a joke”? Can I still complain?
Absolutely yes. When the court examines a complaint, the question is not what the joke teller’s intention was, but how it was received by the other party and what atmosphere it created in the office. Repeated statements of a sexual nature, even if disguised as “humor,” are sexual harassment in every respect if the other party made it clear that they are unwelcome.
There are also more severe situations. A single, solitary expression that humiliates or degrades a person because of their sex, gender, or sexual orientation—for example, a crude sexist joke or an offensive homophobic remark—is considered sexual harassment even if it was not repeated. The test is simple: Would a reasonable person be offended by such a statement? If the answer is yes, it is harassment.
And the incident happened outside the office, after working hours. Does that change anything?
The boundaries can indeed seem blurred when the incident does not occur between nine and five, but the law is actually very clear on this matter. The term sexual harassment in the workplace includes any incident related to the employment relationship, even if it physically occurred outside the office door.
What does this mean in practice? It could be:
-
A team evening, “Happy Hour,” or any other company event.
-
A shared ride to a conference or work meeting.
-
Correspondence on WhatsApp or email in the evening hours.
As long as there is a direct link between the situation and the employment relationship, the employer must investigate the complaint and deal with it exactly as if it had occurred in the middle of a workday.
“The key here is the term ‘framework of employment relationships.’ The moment the interaction, whether at a company party or a late-night WhatsApp message, stems from the professional context—the employer’s responsibility is active and present. Ignoring this is not just a mistake, it’s a dangerous gamble.”
Does the law also protect men?
Certainly. The Prevention of Sexual Harassment Law is phrased completely neutrally. It protects every person from harassment, regardless of their sex, gender, or sexual orientation. Harassment can occur between a man and a woman, a woman and a man, and also between people of the same sex.
Correct management of such sensitive issues requires expertise and experience. RNC Group offers legal and strategic guidance to create a safe and protected work environment, while reducing legal and reputational risks. Contact us today at https://rnc.co.il.
Legal Disclaimer: The information in this article does not constitute legal advice and is not a substitute for consultation with a qualified attorney. The contents of the article should not be relied upon for the purpose of taking or refraining from any action.