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Have you been sexually harassed in the workplace?

You should be familiar with this tax matter

Beyond the serious criminal aspect, any woman who has been sexually harassed in the workplace can receive monetary compensation without proof of harm.

But what is the tax law in such a case?

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• Sexual harassment

Adv. Yaron Eli

Sunday, 04 October 2020, 09:54

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The #METOO campaign marked the opening shot for heated public debates regarding the issue of sexual harassment in general and the treatment of women in particular.

The campaign gained wide international media exposure, as more and more women began to share their personal stories, with many of the incidents addressing sexual harassment experienced in the workplace. In these situations, the severity threshold rises in light of the dependence and subordination between the parties. In order to get one position or another or to advance in the hierarchy, they were forced to suffer sexual harassment from their supervisor.

"Sexual harassment" is a criminal offense under the provisions of the law. But alongside the criminal aspect, there is also a civil element in which monetary compensation can be obtained even without Proof of harm "Sexual harassment" is defined in the law, among other things, as acts of a sexual nature that relate to a person in relation to his gender or sexuality. Since there is a financial element of compensation for such a victim, the question arises as to what those funds / compensation are for taxation. What is known in the tax world is that tax law follows general law. Indeed, the basic and guiding principle in the "role" of tort compensation is to "restore the status quo" of the injured party. In accordance with the aforesaid rule, compensation for sexual harassment is intended to bring the victim as far as possible Before the incident happened.

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Is there also in such a case taxation on the compensation?

Adv. Yaron Eli (Photo: Arkady Raskin)

But what is the status of compensation provided for sexual harassment in the eyes of tax law?

Can they deviate from this rule?

According to the aforesaid law, compensation for sexual harassment is classified as tort compensation.

Can the classification of the payment as damages change in the case of sexual harassment in the workplace?

In other words, may the compensation be taxable as employment income in light of the broad definition of this term in the Income Tax Ordinance?

Since in the compensation provided by the employer for sexual harassment, there is no causal connection between the payment (compensation) and the employment relationship (between the parties), and given that the compensation is not given to the employee in return for her work - the compensation does not constitute "earnings" or "earnings" And therefore is not liable to income tax. In addition, compensation should not be regarded as a "benefit" by the employee. "Benefit" is inherently intended to benefit the employee. Compensation for sexual harassment does not constitute any benefit but is intended to compensate the employee for the tort. .

Our job is not over when we crossed successfully hurdle concerning the denial of compensation Church classified work. "now, we must examine whether compensation for sexual harassment may be classified as compensation for the" property "which also includes all legal right, including compensation that can be enforced. Although the definition of 'property' is very broad and necessarily includes any such compensation, my position is that the section should not be applied to compensation on a personal level, ie - civil compensation received by a person who is not in his 'business' hat or 'employee', should not be taxed. Since this is compensation provided on a personal level that is not perceived in the tax network, and in

conclusion - these are two issues that he felt

And that women who have had to deal with sexual harassment in their workplace will recognize, when they come to examine all the legal channels they face.

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