Discrimination Against people with Disabilities in the workplace and employers’ attitudes regarding their Employment

28 Oct 2021 CategoryURG rights and employment Author Umain Recommends
In this article:  
 
- The right to equality at work originates from man’s basic right to equality and is recognized by both international and Israeli law [2].
 
- The right to equality at work includes three basic components: 
 
1. Discrimination is prohibited – discrimination, disqualification or preference between employees is prohibited where it does not originate from the nature of the work, but is based on characteristics or association with a particular group or one of the following:  race, skin color, country or origin or religion;  gender, attitude, pregnancy, being a parent or other familial responsibilities, sexual orientation or sexual harassment;  political affiliations, religious ideology;  age, physical or mental disability, general health. 
 
2. Performance of reasonable tests for employees with special needs arising from a disability, family responsibilities, etc. 
 
3. Steps taken to give preferences to employees belonging to certain groups in order to compensate for historical discrimination [2].
 
- In 1988 the employment services law was amended to prohibit discrimination against an individual because of age, gender, race, religion, nationality, country of origin, political opinion or association. Likewise, employers were also prohibited from refusing to employ an individual for any of the foregoing and it also became illegal to use negative advertising regarding employment.
 
- Also in 1988, a law ensuring equality of opportunities at work was passed and, as previously noted, it became illegal for an employer to discriminate between employees or applicants for employment as regards conditions of employment or termination. This law permits an employee who feels that his/her rights have been infringed to file a suit with the Employment Court and receive compensation. Similarly, the law allows for an order to be issued obliging the employer the take on an employee, promote him/her, prevent his/er dismissal or allow him/her preferential terms. 
 
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