Guide to Employment Discrimination as a Tort Claim

What is Employment Discrimination and How Does It Constitute a Tort Claim?

Employment discrimination is an employer's conduct toward an employee that harms him or her because of membership in a protected group — whether due to gender, race, religion, age, health status, disability, parenthood, or any other protected classification under law. In Israel, employment discrimination is defined as an independent tort claim and can lead to a lawsuit against the employer for substantial monetary compensation based on the harm caused — including both economic damages (lost wages, lost promotion opportunities, loss of job security) and non-economic damages (emotional suffering, dignity violations, humiliation, loss of self-esteem).

In our work as attorneys representing claimants exclusively in tort law since 2008, we have handled dozens of employment discrimination cases. Our experience teaches us that many employees who have been harmed by discrimination are unaware of their legal rights or the methods to prove their damages. This guide is designed to help you understand the concepts, rights, and legal process.

Legal Framework: Laws Protecting Employees from Discrimination

Employment discrimination in Israel is regulated by several key statutes. The Equal Rights for Persons with Disabilities Law prohibits discrimination against persons with disabilities in business, employment, and services. The Equal Rights for Women Law provides protection against sexual discrimination in employment. The Equal Rights for Senior Employees Law protects workers of advanced age. Additionally, the Labor Law — Minimum Wage and the National Insurance Law include anti-discrimination provisions. All of these are combined with constitutional principles of human dignity and freedom of occupation, recognized in Israeli case law as fundamental principles.

In addition to legislation, examination of discrimination cases occurs in civil courts through tort lawsuits, when employees sue employers, and also in various committees (such as internal employer committees, social security appeals committees, and workplace equality committees).

Types of Employment Discrimination — Taxonomy and Examples

Employment discrimination can manifest in various forms, and it is important to distinguish between them in order to build a strong legal argument:

• Direct discrimination: Overt conduct based directly on membership in a protected class. Example: An employer refuses to hire a woman for a position because of her gender, or removes an employee from his position upon reaching a certain age.
• Indirect discrimination: Application of a rule or condition that is ostensibly neutral, but has a negative impact on a protected group. Example: A requirement for night work hours that disproportionately affects women with family responsibilities, or a requirement for certain certification that not all persons with disabilities can obtain.
• Associational discrimination: Adverse treatment of an employee because of his or her association with someone from a protected class (for example, a parent with a disability).
• Sexual harassment or harassment based on protected status: Conduct that is harassing, offensive, or threatening in the work environment, based on gender, religion, race, or other protected status.
• Negative consequences for promotion, salary, and conditions: An employer's decision not to promote an employee, reduce salary, transfer to a worse position, or impose less favorable conditions because of a protected classification.

In every type of discrimination, the claimant must prove a causal connection between the protected classification and the employer's decision or conduct. This is not always easy, but there are legal tools and evidence that can facilitate this proof.

How to Prove Workplace Discrimination? Methods of Proof and Evidence

Proving workplace discrimination requires a systematic building of evidence and arguments. In the first stage, the plaintiff must present facts that create a reasonable presumption that discrimination has occurred. Subsequently, the employer may attempt to prove that their decision had legitimate and lawful reasons unrelated to the protected characteristic. Ultimately, the court considers all evidence and decides whether discrimination has been proven to a reasonable degree of certainty.

Documentary Evidence: Emails, SMS messages, Discord messages, or other communication platforms in which the employer or manager treats an employee in a manner that violates their protected characteristic. Comments in performance reviews, remarks in meetings, or written instructions that are discriminatory also constitute important evidence. Documentation of changes in working conditions, cancellation of benefits, addition of responsibilities, or wage reduction following a specific event related to a protected characteristic—all of these can serve as preferred evidence.

Witness Testimonies: Other employees at work who witnessed or heard discriminatory conduct, or who themselves experienced similar discrimination, can testify in court or provide a written statement. Testimonies of employees who received better treatment than the plaintiff, despite having similar or less relevant characteristics, can constitute a strong comparison.

Statistical Data: If it can be shown that the company has a pattern of discrimination against a protected group (for example, a low percentage of women in management positions, or high turnover of older employees), this can create a presumption in favor of the plaintiff.

Explicit Remarks or Statements: If the employer or manager made statements that indicate discrimination (for example, "we don't want women in this position" or "at your age, you're already too old for this job"), this is the strongest evidence. Witnesses or recordings (under certain legal conditions) can support such claims.

Expert Opinions: In some cases, testimony from an expert on psychological injury (psychologist, psychiatrist) or an employment law expert can strengthen the claim. In cases of physical bodily injury (for example, resulting from harassment), medical reports are also important.

Documentation of Consequences: Records of sick days, doctor visits, psychological treatments, decline in work performance or in other areas—all of these can prove that the discrimination caused actual harm.

Compensation Ranges in Employment Discrimination Claims

A very common question is: "How much compensation can I receive?" The answer depends on the specific facts of each case. However, we can describe general ranges in which Israeli courts typically rule:

It is important to emphasize that these are general ranges only. Each case is examined on its own merits, and factors such as the severity of the conduct, duration, impact on mental health, work experience, plaintiff's age, and existence of strong evidence — all these affect the final compensation. Additionally, in some cases, courts impose additional compensation on the basis of "punitive damages" or "damages for breach of law" in order to penalize employers for serious or egregious conduct.

Employment Discrimination Claim Process — Practical Steps

When an employee initiates a claim due to workplace discrimination, the process typically follows these steps:

Step 1: Initial Legal Consultation. The plaintiff or their representative meets with an attorney to discuss the facts, available evidence, relevant laws, and realistic objectives. At this stage, the attorney assesses the strength of the claim and offers courses of action (court proceedings, petition to a committee, negotiation with the employer).

Step 2: Attempt at Settlement or Negotiation. Sometimes, before formal proceedings, the attorney sends a letter to the employer's counsel or directly to the employer, describing the claims and legal consequences. This allows both parties to resolve the dispute without going to court. In some cases, the parties reach a settlement.

Step 3: Filing a Claim in Court. If no settlement is reached, the plaintiff or their representative files a formal claim in the relevant district court. The claim includes a detailed description of the facts, legal arguments, evidence, and compensation demands.

Step 4: Employer's Defense. The employer files a response to the claim, in which they may deny the allegations, offer an alternative explanation for their decisions, or raise legal defenses.

Step 5: Evidence Collection (Discovery). Both parties exchange evidence — documents, emails, records, witness lists. In some cases, pre-trial hearings are held to clarify procedural matters.

Step 6: Negotiation Within the Case. During the legal process, the parties may again attempt to reach a settlement, with the help of a mediator or directly.

Step 7: Trial in Court. If no settlement is reached, the case goes to trial, where both parties present their arguments, evidence, and witness testimony. The court will hear the arguments and decide on the amount to be paid (if any).

Step 8: Appeal (if necessary). If either party is dissatisfied with the court's decision, they may file an appeal to the Supreme Court, but this typically requires substantial legal issues.

Common Employer Defenses — and How to Overcome Them

When a plaintiff files a discrimination claim, the employer typically does not admit fault. Instead, the employer offers alternative explanations and arguments. Below are common defenses and how an attorney can overcome them:

Defense: "I had a legitimate business reason." The employer argues that the employee was terminated, not promoted, or had their salary reduced for purely business reasons — for example, poor performance, company financial losses, or department closure. Response: The plaintiff should present evidence that other employees with similar or worse performance were not terminated, or that employees from another group received better treatment under similar circumstances.

Defense: "He/She resigned on their own." The employer argues that the employee submitted the resignation, not that the employer terminated them. Response: If the plaintiff can show that they were forced to resign due to discrimination ("constructive dismissal"), Israeli courts treat this as actual termination.

Defense: "I didn't know he/she belonged to a protected group." The employer argues that they had no information about the protected characteristic (for example, did not know the employee had a disability). Response: In some cases, the law imposes liability even for "negligent lack of knowledge." Additionally, if the employer should have known (for example, the disability was obvious), this is not a valid defense.

Defense: "This was my management discretion." The employer argues that they have full discretion in management decisions. Response: In Israel, freedom of contract and employer discretion are limited by employee protection laws, including those relating to discrimination. Discretion does not mean the ability to discriminate.

Defense: "The plaintiff's arguments are mere complaints, without evidence." The employer argues that the plaintiff has not presented concrete evidence. Response: In some cases, courts recognize a prima facie case, which places a burden on the employer to explain. If the plaintiff presents facts that establish a prima facie case, the employer must point to a lawful reason.

Why is it important to consult with an attorney specializing in tort law?

Workplace discrimination lawsuits are complex. They require a deep understanding of tort law, laws protecting employees, and how to prove a causal connection between the protected characteristic and the employer's decision. Additionally, they require an understanding of how Israeli courts evaluate economic and non-economic damages, and how to present evidence persuasively.

Mandelbaum, Gor, Witzman-Gor and Partners has specialized in representing claimants in tort law since 2008. In some of our cases, we have handled workplace discrimination lawsuits, and our experience teaches us how to build a strong case, how to address employer defenses, and how to achieve fair and meaningful compensation for our clients.

When you meet with our attorney, you receive:

• Professional legal advice: A clear explanation of your rights, the prospects of your claim, and possible courses of action.
• Years of experience: Experience handling similar claims, preparing evidence, and negotiating with employers and their attorneys.
• Personal and dedicated approach: A boutique family law firm that treats each case personally and dedicatedly, not just as a number in a file.
• Initial consultation at no cost: You can come to an initial meeting without financial obligation, to discuss your case and decide if you wish to proceed.

If you believe you or someone you know has experienced workplace discrimination, we invite you to call or send us a message to schedule a meeting. Our address in Ramat Gan: Donosh 1, Ramat Gan. We are here to help.