Although the Israeli Prevention of Sexual Harassment Law does not explicitly define sexual harassment as an offense, this phenomenon is widespread in many workplaces. Surprisingly, the problem arises mostly in “young” companies and creative offices, which cultivate a hostile work environment rife with sexual innuendo and even crass sexual comments and behavior. Recent reports from Israel’s leading advertising agencies have revealed widespread sexual harassment. According to reports, sexual innuendo is a part of the workplace culture at these companies. The use of flagrant sexual language as a norm in a firm, the relaying of nude photos among the firms’ employees, and the loud spouting of sexual jokes in workspaces are all just a part of the daily office routine.
Toxic Work Culture
Many major American gaming companies have been the focus of media attention in recent months regarding hostile work environments. The well-known gaming company Activision Blizzard (creator of the popular games “World of Warcraft” and “Call of Duty”) boasts beautiful, glittering offices, with perks galore and a relatively young staff, typical of many high-tech companies. Activision Blizzard is not without its dark side. Recently, a lawsuit was filed against Activision Blizzard claiming that the company’s management failed to take any action to stop widespread sexual harassment. The complaint equates the work environment to a “frat house,” including office chat about sexual relations and jokes about rape, as well male employees (most of whom are drunk) habitually roaming in a pack among the women in the office and making lewd comments to them.
This is not Activision Blizzard’s first lawsuit on the grounds that it failed to prevent sexual harassment. Six months ago, the State of California sued Activision Blizzard for sexual harassment and discrimination. The State alleged the company’s offices offer “fertile ground for harassment and discrimination against women.” It claimed female employees constantly had to fend off sexual comments and advances, typical behavior there.
A Persistent, Widespread Phenomenon
Activision Blizzard has a unique work environment. At the end of December 2021, Riot Games agreed to pay a total of USD 100 million to settle a class action filed by former employees (Riot Games is one of the largest and leading companies in the gaming sector and the creator of the popular game “League of Legends”). Reports surfaced in 2018 about alleged sexual harassment at Riot Games. These incidents included sexist comments and executives circulating lists with female employees they wanted to have sex relations with. Male employees at Riot Games customarily passed around photos of genitalia and sent widely-circulated emails commenting on their female colleagues’ physiques and discussing having sex with them. According to the statements by both male and female employees, the work environment was rife with sexual content, part of the company’s “bro culture.”
The assumption that sexual harassment that is so obvious and lewd does not occur today in the #MeToo era is incorrect. As recent legal proceedings suggest, a humiliating and toxic work environment can “flourish” in shiny modern offices with a relatively young workforce. Sexual harassment is defined as a hostile work environment that is preoccupied with sex.
Not just in America
This type of hostile work environment is also addressed by Israeli law. The 1998 Prevention of Sexual Harassment Law does not specifically address sexual harassment that creates hostile work environments. The law considers “sexual harassment,” propositions or references “addressed to a person”. The Israeli Supreme Court recognizes sexual harassment as statements or acts directed at employees that poison the workplace atmosphere.
In the late 1990s, the Israeli Supreme Court mentioned hostile work environments that were caused by sexual harassment. In a case involving a Kibbutzim College professor accused of sexual harassment of a female student, it was ruled that the use language with explicit content and the display pornographic images in the workplace could also be considered as sexual harassment.
Many years later, the Supreme Court made similar decisions when it ruled sexual harassment doesn’t have to be directed at a specific person. According to the Court, sexual harassment can also take the form of comments or acts “intended to draw the attention of the target of harassment even if they do not refer specifically to that person.” In that case, the manager of a public organization that works with the army giving guidance to discharged soldiers customarily used expressions of a sexual nature and told lewd jokes to the unit’s female soldiers. He also introduced him to female soldiers stationed at the base as a sexualologist and asked them intimate question. The manager also had explicit photos of his sexual partners hanging in his office.
The Bounds of Sexual Harassment
The Supreme Court and the Labor Courts defined the boundaries of harassment hostile work environments instigated sexual harassment over the next few decades. Multiple times, the courts have ruled that it is not permissible to create an uninhibited and lighthearted environment in which it is normal to use vulgar language and laugh about sexual content. The Court ruled that this constitutes sexual harassment. In the case of a high-school teacher who used vulgar jokes and made sexual remarks to female counselors and pupils during school trips, this was the Court’s ruling. This was also the case with regard to a hospital administrator, who told lewd jokes at nurse training sessions.
A few years ago, the National Labor Court deliberated a case involving a head of department at the Barzilai Hospital in Ashkelon who sexually harassed a subordinate female medical secretary. Beginning in 1999, the head shared his private life with her. They also discussed many sexual topics and he showed her photos and videos from his office computer.
The Court ruled that this behavior was sexual harassment of the female employee in August 2018. According to the ruling, despite the fact the harasser had not directly referred to the female employee’s body or sexuality, he created a hostile work environment, exposing the employee to sexual comments and content against her will and in a disrespecting manner. This case generated a lot media attention and with good reason. The National Labor Court extended the definition of sexual harassment and established a new workplace behavior norm.
The Employer’s Responsibility
It is important to remember that sexual harassment at work does not just affect the victim and the accused. Employers are required in Israel to prevent harassment and bullying at the workplace. This includes preventing hostile workplaces.
Employers are required to ensure that their employees do not circulate offensive content in the workplace. Employers are required to ensure that workplace conversations are respectful. This includes internal communication channels. It is not easy to be a responsible adult. This effort pays off for everyone. It creates a safe, pleasant work environment for all employees. It also helps the employer avoid any distressing legal proceedings (e.g. the lawsuits against Activision Blizzard or Riot Games).
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