Israeli Employment Law
Rights of a Disabled Employee in Israel
Reasonable Accommodation & Anti-Discrimination
Adv. Liron Elmaliach advises employees with disabilities on their rights under Israeli law — from requesting reasonable accommodation to filing a discrimination claim. Free initial consultation.
Anti-Discrimination Law and Reasonable Accommodation
The Equal Rights for People with Disabilities Law 5758-1998 is the cornerstone of disability rights in Israeli employment. It prohibits employers from discriminating against job applicants or employees on the basis of disability at every stage of the employment relationship — recruitment, terms of employment, promotion, training, and dismissal.
A "disability" under the law covers a wide range of conditions: physical, mental, intellectual, or sensory impairments that substantially limit a major life activity. Temporary conditions, past disabilities, and even being perceived as having a disability are all protected.
Central to the law is the duty of reasonable accommodation — the employer's obligation to make adjustments that allow a person with a disability to perform their job. What is "reasonable" is assessed case by case, weighing the effectiveness of the accommodation against its cost, disruption to the workplace, and the employer's resources. Large employers with significant resources are held to a higher standard.
Prohibited discriminatory practices include: refusing to hire a qualified candidate because of disability, creating hostile working conditions, denying promotions or training, imposing different performance standards, and dismissing an employee due to their disability without obtaining the required statutory permit.
Dismissal Because of Disability — What to Claim
Israeli law provides special dismissal protection for employees with disabilities. An employer who wishes to dismiss an employee whose disability is connected to their work — or who became disabled during the course of employment — must first obtain approval from the permit committee at the Ministry of Economy. Dismissal without this approval is void.
When disability discrimination is alleged, the burden of proof shifts to the employer once the employee establishes a prima facie case. The employer must then demonstrate that the dismissal — or other adverse action — was based on legitimate, non-discriminatory grounds unrelated to the disability.
Compensation for proven disability discrimination is substantial. Courts may award between NIS 50,000 and NIS 250,000 — and significantly more in egregious cases — without requiring proof of actual financial loss. This statutory compensation is designed to deter employers and vindicate the dignity of employees.
In addition to statutory compensation, a successful claimant may recover lost wages, severance pay, reinstatement, and legal costs. Adv. Liron Elmaliach will assess the strength of your claim, preserve critical evidence, and guide you through the Labor Court proceedings from start to finish.
Frequently Asked Questions — Rights of a Disabled Employee
Answers to the most common questions about disability rights in Israeli employment law
Were You Discriminated Against Because of a Disability?
Disability Discrimination — Free Initial Consultation
Adv. Liron Elmaliach — Israeli Labor Law
