Landmark Ruling: Sexual Comments Between Men Recognized as a Tort Entitling Compensation

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

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

At the center of the case was a young employee who began working at a company and, according to his claim, was exposed to repeated WhatsApp messages containing explicit sexual content from a senior employee who was mentoring him in the course 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, allegedly common between coworkers, and that the remarks were made in humor and without intent to harm. However, the court rejected this argument and held that the content of the messages, their frequency, and the professional relationship between the parties indicated conduct that crossed the boundaries of legitimate workplace discourse.

One of the central issues discussed in the ruling concerned the existence of a subordinate relationship. The court held that a formal managerial hierarchy 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 real influence over 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 Prevention of Sexual Harassment Law. Accordingly, the court ruled that in such cases there is no requirement for the victim to express explicit opposition or say a clear “no” for the conduct to be recognized as sexual harassment.

The ruling emphasizes that the provisions of the Prevention of Sexual Harassment Law 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 held that to prove sexual harassment, there is no need to show that the harasser was sexually attracted to the harassed person. It is enough that the remarks are clearly and repeatedly sexual in nature, and that they are made under circumstances that amount to harassment under the law.

Attorney Talia Rajuan represented the employee. Rajuan, who works in labor law and workplace sexual harassment cases, succeeded in presenting the court with a full and accurate picture of the hidden power dynamics in the workplace. In the proceedings, the court was presented with the evidence and the correspondence, along with arguments concerning the power imbalance between the parties and its effect on the young employee’s ability to respond to the conduct directed at him.

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

The ruling sends a clear message to employees: sexual harassment does not lose its severity merely because it is presented as a joke, said in a “friendly atmosphere,” or occurs between two men.

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

Disclosure: Attorney Talia Rajuan works in labor law, national insurance, pensions, and counseling for older adults.

The article is courtesy of din.co.il.

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