Landmark Ruling: Sexual Remarks Between Men Recognized as a Tort Qualifying for Compensation

A new ruling expands protection against sexual harassment in the workplace, in cooperation with Din website.

The Tel Aviv Regional Labor Court recently ruled that repeated sexual remarks sent between employees via WhatsApp may constitute sexual harassment, even when both parties are men, and even when the remarks are presented as “humor” or “friendly conversation.” The ruling, issued in May 2026, is a significant addition to case law dealing with sexual harassment in the workplace.

Sexual messages between employees

At the center of the case was a young employee who began working at a company and, according to him, was exposed to repeated WhatsApp messages with explicit sexual content from an experienced employee who supervised him as part of his role. Among other things, the messages included sexual references to the employee’s personal and intimate life.

The defendant argued that this was informal conversation, which he said was customary among colleagues, and that the remarks were made in jest and without intent to cause harm. However, the court rejected this claim and found that the content of the messages, their frequency, and the professional relationship between the parties indicated conduct that went beyond the bounds of legitimate workplace discourse.

Broadening the interpretation of the term “superior-subordinate relationship”

One of the central issues discussed in the ruling concerned the existence of a superior-subordinate relationship. The court held that formal managerial subordination is not required in order to recognize a power imbalance between the parties.

According to the ruling, even an experienced employee who serves as a professional mentor to a new employee, and who has a real ability to influence that employee’s integration and advancement in the workplace, may be considered to hold a position of authority or influence for the purposes of the law prohibiting sexual harassment. Accordingly, the court ruled that in such situations there is no need for the injured party to express explicit opposition or say “no” unambiguously for the conduct to be recognized as sexual harassment.

The law applies to women and men alike

The ruling emphasizes that the provisions of the law prohibiting sexual harassment are not limited to cases in which women are the victims. The law applies equally to every employee, regardless of the sex or gender identity of the parties involved.

It was also determined that to prove sexual harassment, there is no need to show that the harasser was sexually attracted to the person harassed. It is enough that the remarks have a clear and repeated sexual character, and that they are made in circumstances that amount to harassment under the law.

Attorney Talia Rajuan, legal representation that turned a feeling of helplessness into a legal victory

The employee was represented by attorney Talia Rajuan, who specializes in labor law and sexual harassment in the workplace, and who managed to present the labor court with a full and accurate picture of the hidden power dynamics in the workplace. As part of the proceedings, the court was presented with the evidence and the correspondence, along with arguments regarding the power imbalance between the parties and its impact on the young employee’s ability to respond to the conduct directed at him.

The court accepted the plaintiff’s position and ruled that this was sexual harassment entitling him to compensation. In addition, the counterclaim filed by the defendant on the grounds of defamation was dismissed.

A message to workers: there is no obligation to stay silent

The ruling sends a clear message to employees across the economy, sexual harassment does not become less serious merely because it is presented as a joke, said within a “friendly atmosphere,” or occurs between two men.

Employees who experience unwanted sexual conduct in the workplace, even if it takes the form of speech alone, do not have to deal with it on their own. Documenting the incidents, contacting the relevant bodies in the workplace, and obtaining legal advice may help them fully exercise the rights granted to them under the law.

Disclosure: Attorney Talia Rajuan practices labor law, National Insurance, pensions, and advice for older adults.

The article is courtesy of din.co.il.

*Please note, the information on this page does not constitute legal advice of any kind or a recommendation to take or refrain from taking any action. Anyone relying on the information does so at their own responsibility. The accuracy of the information may change from time to time.

To contact Attorney Talia Rajuan directly, call 055-4532774.

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