Legal Updates

An employee that revealed after dismissal that she undergoes fertility treatments may not be terminated without permit

June 24, 2018

An employee was summoned for a hearing after which she was terminated.  After receipt of the summary of the hearing, the employee notified that she is in fertility treatments.

The Labor Court held that the Women Work Law and the Equal Employment Opportunities Law are intended to eliminate the unacceptable social phenomena of discrimination against women, including pregnant women and those in fertility treatments. Here the decision to dismiss the employee was made for practical reasons, due to losses and the need to reduce costs, and there is no connection between the decision to dismiss and the employee's intent to commence fertility treatments.  However, when the employee presented a due confirmation of fertility treatments promptly after receiving the hearing summary, she should be considered a person who began to be absent from work due to treatments during the notice period and may not be dismissed without prior permit from the supervisor under the Women Work Law for such dismissal.  Thus, the employee is entitled to compensation for illegal termination.