Strengthening the Capacity of the Equal Employment Opportunity Commission in Israel

Strengthening the capacity of the Equal Employment Opportunity Commission in Israel

FWC Beneficiaries Lot 9

Contract n° 2008/166870

TWINNING FICHE ANNEXES

March 2009

ANNEXES

Annex 1: Logical Framework Matrix *

* to be found in the main “Twinning Fiche” Document

List of relevant Laws and Regulations

Annex 2: E.U directives on Equal Opportunity on the workplace

Annex 3: Law establishing the E.E.O.C (extracts)

Annex 4: List of Israeli Laws preventing discrimination

Presentation of the E.E.O.C

Annex 5: Organisational structure of the E.E.O.C

Annex 6: The E.E.O.C 2009 Work-Plan

Annex 7: Minutes of the first Advisory Committee meeting: 11 January 2009

Annex 8:Home page of the E.E.O.C website (English translation)

Annex 9:Recent media exposures of the E.E.O.C

Presentation of the relevant NGOs in the field of Equality and Discrimination

Annex 10:List and websites of the main relevant NGOs

Annex 2:

Summary of the E.U regulations and Directives regarding Equal opportunity in the work place

The European Union has developed several initiatives towards the amelioration of equal opportunities in the Workplace:

1. Council Directive (75/117/EEC) of 10 February 1975 on the approximation of the laws of the Member States relating to the application of the principle of equal pay for men and women

---Determined that it is the responsibility of the Member States to ensure the application of this principle by means of appropriate laws, regulations and administrative provisions. Since MS laws apparently were not consistent, the Directive required that the national provisions should be approximated as regards application of the principle of equal pay. This also includes establishing a 'complaints procedure'.

2. Council Directive 2006/54 in force since August 2008on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions. This Directive amends and up-dates the previous Directives on equal treatment between men and women (2002/73 and 76/207) which

-- established the fields in which "Member States shall take the measures necessary to ensure that: (a) any laws, regulations and administrative provisions contrary to the principle of equal treatment shall be abolished". It did allow however, for MS to determine some limited exceptions.

3. Various Directives in relation to specific topics such as social security, pregnancy etc.

4. Directive (2000/78/EC) of 27 November 2000 establishing a general framework for equal treatment in employment and occupation regardless of religion, belief, disability, age or sexual orientation. In addition to this Directive, the Directive 2000/43/EC of 29 June 2000 implements the principle of equal treatment between persons irrespective of racial or ethnic origin since this directive concerns also access to employment and training.

5. Directive 2002/73/EC of the European Parliament and of the Council of 23 September 2002 amending Council Directive 76/207/EEC on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions.

--- required that Member States shall actively take into account the objective of equality between men and women when formulating and implementing laws, regulations, administrative provisions, policies and activities.

6. Directive 2006/54/EC of the European Parliament and of the Council of 5July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (recast)

---- This Directive appears to have consolidated all the previous Directives. It obligated transposition of this Directive into national law only for those provisions which represent a substantive change as compared with the earlier Directives. The obligation to transpose the provisions which are substantially unchanged arises under the earlier Directives.

.

Annex: 3 Law establishing the E.E.O.C (extracts)

Equal Employment Opportunities Law, 5748 – 1988

Prohibition of discrimination

An employer shall not discriminate between his employees or between persons seeking employment on the basis of their sex, sexual inclination, personal status, pregnancy, fertility treatment, in-vitro fertilization, being parents, age, race, religion, nationality, country of origin, views, party affiliation or reserve-duty service, being called to reserve duty or their anticipated reserve duty as the term is defined in the Defence Service Law [Consolidated Version], 5746 – 1986, including because of its frequency or length, within its meaning in the Defence Service Law [Consolidated Version], 5746 – 1986, which they might anticipate, with respect to any of the following: their sex, marital status, or on their being parents, with respect to any of the following:

(1) acceptance for employment; (2) conditions of employment; (3) promotion;

(4) training or professional studies; (5) dismissal or compensation for dismissal;

(6) benefits and payments given to the employee with respect to retirement.

Establishment of Equal Employment Opportunities Commission

The Minister shall establish in his ministry an equal employment opportunities commission. The Commission shall be headed by a National Commissioner for equal employment opportunities (in this Law – the National Commissioner).The Commission shall operate three district offices, which will be headed by Regional Commissioners. The National Commissioner will be appointed for a four-year period, and may be appointed for one additional period of tenure.

Advisory committee

The Minister will appoint for the Commission an advisory committee containing 21 members; notice of appointment of the Committee and its composition will be published in Reshumot.

The members of the Advisory Committee will be –

• a representative of the Authority for the Advancement of the Status of Women;
• a representative of the Equal Rights for People with Disabilities Commission;
• six employees of Government ministries that are active in areas in which the Commission is engaged, as the Minister shall specify, each at the suggestion of the minister in charge of the ministry;
• five representatives of organizations that are engaged in advancing rights pursuant to the equality at work legislation;
• two representatives of workers’ organizations;
• two representatives of employers’ organizations;
• four experts in the areas of activity of the Commission.

The composition of the Advisory Committee will give suitable expression, to the extent possible, to representation of women, of the Arab population, including the Druze and Circassian communities, and of people with disabilities.

The functions of the Advisory Committee are the following:

• advise the National Commissioner in matters of policy or in any other matter related to the areas of activity of the Commission;
• recommend to the National Commissioner as to allocation of the resources available to the Commission and as to setting priorities with respect to the Commission’s activity;
• discuss the annual report of the Commission as stated in section 18I.

The Minister shall issue directives regarding the period of tenure of the Advisory Committee and with respect to its work procedures..

Functions of the Commission and its areas of activity

The function of the Commission is to advance recognition of rights under the equal employment opportunities legislation and their realization, and toward this end the Commission shall act, inter alia, in each of these ways (in this Law – areas of activity of the Commission):

• nurture public awareness through education, training, and public relations, to the extent that this function is not imposed on another public authority operating by law;
• encourage programs and activities;
• cooperate with persons or other entities, including employers and workers;
• conduct research and information gathering;
• intervene, with the court’s permission, in legal proceedings;
• handle complaints under the provisions of sections 18L to 18N;
• submit requests for general orders under the provisions of section 18O;
• every other function imposed on the Commission by law.

Annual report

At the end of each year, the National Commissioner shall submit to the Minister an annual report of the activity of the Commission; the Minister shall provide the report together with his comments to the Knesset’s Committee for the Advancement of the Status of Women and to the Knesset’s Labour, Welfare and Health Committee; these committees may request supplemental information and clarifications; the report will be published as the Minister shall direct.

Annex 4: List of Israeli Laws preventing discrimination

1. The Law for Equal Pay for Men and Women, 1996- Women and men that work at the same workplace should be paid the same wage, for the same job, or for equivalent jobs. Wages include all benefits.
2. The Women's Labour Law, 1954- The law dealing with working women: maternity leave for 14 weeks for mothers or fathers, prohibition of firing pregnant women or women after birth, prohibition of firing women during fertility treatment.
3. The Law for the Prevention of Sexual Harassment, 1998- prohibits sexual harassment on a penal level, civil level and by labour law.
4. The Law of Hours of Work and Rest, 1951- Prohibition of discriminating persons on the basis of refusal to work on a rest day, due to religion.
5. The Law for Discharged Soldiers, 1949- Prohibition to fire a man during or after his reserve duty.
6. The Civil Service Law (appointments), 1959- Among the civil servants in any position and profession, will be given appropriate representation for men and women, people with disability and the non- Jewish population.
7. The Law for Women's Equal Rights Law, 1951- The goal of this law is to determine principles for equal rights for women and men. In a public body, it is mandatory to give appropriate representation for women: in any position and profession, management, directorate and council. (Use of affirmative action is allowed).
8. The Employment Service Law, 1959- Government employment agency will not discriminate people while sending them for work, due to: age, gender, nationality, ethnic origin, disability, conception treatments, political party. This obligation is also applied to whoever needs employee.
9. The Protection of Workers Law, 1997- Prohibition of firing employee, because of handing in a complaint about the equality legislation.

Government Decision:

- Decision 414 of the Israeli Government from August 2006 stating that by the end of 2012 there will be at least 10% of civil servants that are Arabs, Druzes or Circassians

*In the near future an Arab attorney will be appointed to E.E.O.C.

Annex 6: The E.E.O.C 2009 Work-Plan

Serial No. / Task / Methods of Operation
Landmark / Time-table
1 / Creating an organization structure,
Manning positions / Publishing tenders for the appointment of secretaries / 1.3.09
Appointing regional commissioners / 1.3.09
Appointing an advisory committee by the Minister / 1.3.09
2 / Creating a basis for cooperation with employers, trade unions, civil society and government ministries / Publishing a booklet with guidelines for workers, in Hebrew, Arabic and English / 1.3.09
Translating the employers’ guide to Arabic and English / 1.5.09
Launching a website in Arabic and English / 15.1.09
Formulating a cooperative work procedure / 1.6.09
Lecturing and attending conferences on the subject of equal employment opportunities / 31.12.09
3 / Raising the public’s awareness towards employment equality and the Commission’s operations / Launching a public campaign / 1.4.09
District initiation events / 15.4.09
Seminars regarding equal employment opportunities / 30.10.09
Opening the commission’s districts / 15.4.09
4 / Enforcement of equal employment opportunities / Responding to appeals from employers and employees / 2009
Legal representation – Filing lawsuits to the Labor Court / 2009
Issuing court orders for obtaining data from employers / 2009
Enforcement operations / 31.12.09
Providing legal opinions / 31.12.09
Updating ruling files / 31.12.09
Submitting proposals for legislation amendments / 31.12.09
Forming an equality assimilation plan in the Ministry of Industry, Trade and Labor; and publishing it / 31.06.09
5 / Innovativeness and knowledge leaders on the subject of equality / Writing surveys and researches and publishing them / 31.12.09
Writing essays / 31.12.09

Annex7: Minutes of the first Advisory Committee Meeting

Summary of first the meeting of the Advisory Committee 11.1.2009

Attorney Tziona Koenig-Yair, the National Commissioner presented the E.E.O.C, the establishment and the activities in 2008:

• The Commission's authority to order commands. This is a major issue and will be discussed in further detail at the next meeting. Mr. Beny Peperman, will present the Committee with the issue.
• The committee discussed the assimilation of equal opportunities in the Ministry of Industry, Trade & Labor (As a beginning of mainstreaming equal opportunities in all government offices).
• The National Commissioner reported to the Committee about the complaints received at the EEOC, approximately 200 complaints during the last 4 months. It was suggested, that at every meeting one case will be presented as a case study.
• A Sub-committee for advising on legal issues was appointed, to advise the National Commissioner.
• There was a discussion concerning discrimination during these days of war in Gaza. The committee decided that the Commission will draft a press release referring to discrimination of Arab citizens, of reserve duty service soldiers and parents who couldn't attend work.
• The National Commissioner reported details on the Twinning project, with the European Union. The Committee's response was very positive.
• The Advisory Committee will meet every 6 week.
• Decision about materials to be sent by mail.

Annex 9: Recent media exposures of the E.E.O.C

- Annex 9 a: Two recent articles on the E.E.O.C (in English)

The Jerusalem Post
Headline: TzionaKoenig-Yair: Ladyliberty
Byline: RUTH EGLASH
Edition; Up Front
Friday, September 26, 2008 -- TzionaKoenig-Yair seems like an obvious choice for the country's first equal employment opportunities commissioner. Her experience, first as a legal adviser on women's rights for the Israel Women's Network (IWN) and more recently as its executive director, stands her in good stead to spread the message that any form of discrimination or bias should not be tolerated.
"I don't want people to think that discrimination against women is my only concern, however," says the 38- year-old mother of three. "I have always been a feminist, but there are many other areas of discrimination in the workplace for us to focus on and there is no shortage of work."
Despite the challenges, Koenig-Yair is optimistic about the new commission and has high hopes for it becoming the main address for tackling all work-related discrimination, including bias against Arabs, new immigrants, the disabled and those older than 45.
She also has plans for the office to generate essential research, which is currently lacking in this area, and instigating groundbreaking litigation to challenge people's misconceptions.
"Israel is a very diverse society and to profit properly from its population, it has to be mandatory for employers to adopt non-discriminatory business practices," she says.
Born in Brooklyn in 1970, Koenig-Yair immigrated with her family in 1981. She grew up in Ra'anana and in the mid- 1990s enrolled to study law at the Hebrew University of Jerusalem. Following a short stint in a private firm, she soon found her way into the public forum, first as a district attorney in Tel Aviv and then in IWN's legal department.
Her initial interest in workplace discrimination was sparked in 2003 when she was sent by the British Council to Northern Ireland to observe how such issues are tackled there. Upon her return, Koenig-Yair started to work with Ruth Ben-Israel, winner of the Israel Prize for Law, on drafting the bill establishing the new commission. From initial conception to implementation it took more than four years, and the EEOC finally opened its doors in January 2008.

Koenig-Yairs Challenges
After only eight months on the job, Equal Employment Opportunities Commissioner TzionaKoenig-Yair says there is no shortage of work for her.
"We launched our hot line in July, and last month alone we had more than 100 complaints," she says, adding that at least three of the cases are already being prepared for litigation.
In addition to fielding complaints from the public, Koenig-Yair has been shaping the commission and outlining some of its goals.
According to a recent document she prepared, the department's main aim is to "ensure equal employment opportunities that will enhance the feeling of security in the workforce."
In a recent interview, Koenig-Yair explains that the country "has excellent laws but they are just not always enforced, and I am now here to see that this happens."
Those laws cover a wide range of possible injustices, including equal pay for men and women in the same job, prevention of sexual harassment in the workplace, hours of work and rest, legislation for discharged soldiers, the Civil Service Law pertaining to appointments, the Employment Service Law and the Protection of Workers Law.
"Many employers don't realize that they can't discriminate based on people's gender, race or ethnic identity," she says.
Copyright 2008 Jerusalem Post. All Rights Reserved.

Extractsfrom a previous article published in the Jerusalem Post
....Koenig-Yair also points to severe discrimination based on ethnic identity, nationality, religious observance and even age. However, she adds, there has not been too much research in this area, so she does not have the statistics to prove it.
"We've heard of people older than 50 not being promoted or invested in like younger people are," she says, adding that there is also much racism against Arabs, who are not hired purely because of their ethnic identity.
"One of the calls to our hot line was from a Russian immigrant who believed the reason he'd been turned down from several jobs was because he was not Israeli born," recalls Koenig-Yair. "Another was from a young, observant man who claimed not to have been hired for a job as a security guard because he was not prepared to work on Shabbat."
"Many people don't realize that it is illegal to behave like this, to turn people down for employment based on their gender, race or ethnic identity," she says. "Israel is a very diverse society and to benefit properly from its population, it has to be mandatory for employers to adopt non-discriminatory business practices."
Even with all the challenges ahead, Koenig-Yair, who was hired to lead the commission for at least the next four years, says she is "very hopeful that I can really make a difference and that the commission will become a central focal point in the battle against discrimination in the workplace."
Copyright 2008 Jerusalem Post. All Rights Reserved.