The Anti-Discrimination Law: Compensation of up to NIS 50,000 without proof of damages.

The Prohibition of Discrimination in Products, Services and Entry to Entertainment and Public Places Law, 2000, prohibits certain public service providers and venue owners from discriminating against individuals based on a defined list of characteristics.

Enacted at the initiative of the Association for Civil Rights in Israel, this law, also known as the “selection law,” addresses prevalent discrimination at nightclubs.

Violators face substantial fines (tens of thousands of NIS) and potential civil lawsuits with awards of up to 50,000 NIS, regardless of demonstrated damages.

This article details prohibited forms of discrimination, exceptions, applicable service providers, protected characteristics, and compensation procedures.

Prohibited Discrimination

Section 1 of the law aims to “promote equality and prevent discrimination in access to public places and the provision of products and services.”

According to Section 3, discrimination involves preventing access to a public place and/or the provision of a public service/product based solely on grounds specified in the law.

Discrimination also occurs when conditions unrelated to the matter are imposed. Profit is irrelevant; the act of prevention itself constitutes discrimination.

Applicability of the Law

Section 3 applies to “anyone whose occupation involves providing a public product or service or operating a public place.”

This includes owners, holders, managers, and those actually responsible for providing the public product or service or operating/managing access to the public place.

Section 4 prohibits such entities from publishing discriminatory advertisements.

Definition of “Public Service”

The law provides an exhaustive list of services considered “public services,” excluding those not intended for public use (e.g., exclusively private services). These services include:

1. Transportation services (buses, trains, air transport, ships, transportation services, and car rentals).
2. Communication services (satellite, cable, and cellular services).
3. Energy services (e.g., gas stations).
4. Educational services (schools and kindergartens).
5. Entertainment or cultural services
6. Tourism services
7. Financial services (banking, credit, and insurance).

Definition of “Public Place”

Section 2 defines a “public place” as any place intended for public use. Private residences, for example, are generally not considered public places. The law explicitly lists several locations as “public places”:

1. Tourist sites
2. Hotels and guesthouses
3. Public parks
4. Restaurants and cafes
5. Entertainment and cultural venues
6. Museums
7. Libraries
8. Nightclubs
9. Sports halls and facilities
10. Swimming pools
11. Shopping malls and stores
12. Garages
13. Public transportation providers (as defined in Section 1 above).

Grounds for Prohibited Discrimination

Discrimination is prohibited based on:

1. Race
2. Religion or religious group
3. Nationality
4. Country of origin
5. Gender
6. Sexual orientation
7. Beliefs
8. Political affiliation
9. Age
10. Marital status
11. Parenthood
12. Wearing uniforms or insignia of security and rescue forces (including the IDF, Israel Police, IPS, Magen David Adom, Fire and Rescue Services, and other designated bodies).
13. Place of residence (with exceptions for local authorities acting within their jurisdiction).

Exceptions to Prohibited Discrimination

Discrimination, while potentially occurring, may not be prohibited under the following circumstances:

1. When inherent to the nature of the product, service, or public place (e.g., a dog groomer refusing to groom a human).
2. When a non-profit organization discriminates to promote the specific needs of its members, provided it does not violate the law’s purpose.
3. In separate arrangements for men and women, where absence of such separation would prevent access for part of the public (e.g., men cannot use women’s mikvahs).
4. Discrimination based on disability, as covered by the Equal Rights for People with Disabilities Law, 1998.

Compensation for Prohibited Discrimination: Up to 50,000 NIS

Section 5 establishes prohibited discrimination as a civil tort. Recognizing the difficulty in proving damages, particularly non-pecuniary harm, it allows for compensation up to 50,000 NIS without proof of damages.

“Without proof of damage” does not eliminate the court’s assessment of whether damage occurred; it simply removes the burden of proof from the claimant. The claim should still specify damages and include supporting documentation.

The 50,000 NIS limit applies only to claims filed without proof of damage. Claims with proof of damage can seek any amount commensurate with the proven harm.

Filing a Claim for Prohibited Discrimination

Civil lawsuits can be filed in the appropriate court. In the absence of a special relationship (e.g., employer-employee), a small claims lawsuit may be filed.

As of January 2024, small claims are limited to 37,700 NIS. While 50,000 NIS is the maximum for claims without proof of damage, a smaller claim might be more advantageous due to lower court fees and the absence of legal representation costs (generally prohibited in small claims proceedings except in exceptional circumstances approved by the court).

Small claims are resolved more quickly than regular civil suits, typically within six months.

Dino’s system allows for online creation of small claims filings. This innovative Israeli tool uses pre-designed questionnaires and generates court-compliant documents in about 14 minutes.