See also, regarding the need to be careful not to harm the interpersonal relationships and sexual autonomy of employees in the workplace, including women's sexual autonomy, due to the setting of excessively stringent tests for sexual harassment at work: Orit Kamir, "Sex at Work, Israel 2018: Power Struggle, Sexual Autonomy, Puritanism, Regulation and Breach of Trust", "The Law on the Internet: Human Rights - Online Journal (July 2018,4)); In academia in the United States, the criticism of feminist scholars Prof. Vicky Schultz of Yale Law School (see, for example, Vicky Schultz, The Sanitized Workplace, 112 Yale Law Journal 2061 (2003)) and Prof. Janet Haley of the University of Washington Law School Harvard (see, for example, Janet Halley, Split Decisions: How and why to Take a Break from Feminism (2007)).
- Indeed, drawing the line separating permissible discourse from prohibited sexual harassment in each and every case in accordance with its special circumstances is not simple, but this is our role. We will therefore proceed to discuss and decide the appeals before us, and the discussion of the methods and burdens of proof will be done after detailing all the cases of harassment to which a particular claim is made.
Sexual Harassment - The Cases to which a Certain Person Claimed
- In her statement of claim, a certain woman claimed nine separate cases, according to her, in which she was exposed to sexual harassment by the manager: The First Case As she defined it, it was the same conversation from the day 7.4.21 which she claimed included pornographic descriptions from the manager of sexual experiences and preferences; The Second Case According to her, it happened the next day when the manager approached her and told her "... What will I do with you?" while staring at her sexually, Stripping and intrusive; The Third Case, It is not clear when it took place, There was a sharing from the manager that he was scanning people, and women in particular, Including her, Externally, In a way that forced a certain person to change the way she dressed ; The Fourth Case - Sending messages from the manager to a certain person late at night in which the manager demanded that a certain person be "The woman of his closest confidant - "The Basti" Own"; The Fifth Case - A statement from the principal to a certain woman on the day 12.4.21 Late at night and when they were alone in the office he was in love with, Physically attracted to her and feel attracted to her, while touching her body; The Sixth Case - The next day, During lunch, It is claimed that the manager said to a certain woman "I don't have to tell you what I think about the way you look and your body anymore; The Case Seventh - In response to a professional email, The principal told a certain woman that he "Miss her"; And the case The Eighth and the ninth - During the days 18.4.21 and- 19.4.21 In a conversation between them, the manager told a certain woman twice that he was attracted to her and loved her.
- We will preface by noting that although the fifth case above, unlike the other cases, dealt with physical sexual harassment (touching the body), this claim was factually rejected in the judgment of the Regional Court, and subsequently both in her appeal and in her summaries, a certain woman did not relate to this claim in a distinct way, and she focused her claims only on the verbal sexual harassment that she allegedly experienced. Therefore, she should be seen as having abandoned the allegation of physical sexual harassment, and there is no need for us to address it later.
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