Legal Updates

For checking work discrimination different jobs are not necessarily of equal value, even if the consideration paid for them is equal

October 10, 2025
Print

While orderlies and operating room cleaners (EVS) are paid equally for regular shifts, in shifts marked as "queues shortening shifts" there are significant gaps between the high wages paid to the orderlies (all of whom are men) and the low wages paid to the cleaners (the vast majority of whom are women).

The Labor Court held that these are not equivalent roles hence the employer is entitled to pay different wages. The Israeli Equal Pay for Male and Female Employees Law state that employees of different genders employed in equivalent roles by the same employer are entitled to equal pay.  In order to determine whether different roles are of equal value, it is necessary to determine what are the main components that make up each role, and then compare the roles by assigning a score for each element.  Here, an examination of the main components of the two roles (training, knowledge, skill, effort, and responsibility) and a comparison between them indicates that these are not of equal value and that the knowledge, skill, and physical and mental effort required of the orderly are immeasurably greater than those required of the EVS.  Hence, despite the identical compensation paid in the regular shifts, these are not equivalent roles and the EVS is not entitled to relief due to the wage gaps.