In 2019, the MAAN Workers Association (MAAN) unionized Palestinian production workers at the food factory. Alongside the organization efforts, which were fiercely resisted by the employer through a series of illegal actions, a woman approached MAAN claiming she had been dismissed, and that the dismissal was related to sexual harassment by Amer Odeh, a junior manager at the factory. The worker described how the manager made repeated sexual advances, and when she refused, she was fired immediately, without a hearing.
Following her complaint, MAAN’s legal advisor, Aya Bartenstein, sent a letter to the employer, describing the situation and demanding action on the complaint. The company ignored the letter and failed to fulfill its legal obligation to conduct an investigation, collect testimonies, and draw conclusions. Instead, the company dismissed the worker’s complaint and even tarnished her reputation publicly.
In these circumstances, MAAN turned to Attorney Keren Bar-Yehuda, a specialist in sexual harassment claims, to represent the plaintiff (along with other plaintiffs). The lawsuit, filed by Att. Bar-Yehuda, was also supported by the workers’ organization, which launched a public fundraising campaign, locally and internationally, to finance the lawsuit. MAAN believed that it was important to support the courageous woman who was willing to testify not just because of the justice in her case but also because it was the first time a Palestinian woman filed such a complaint.
The legal proceedings took years. The lawsuit began in 2020. Two additional female workers testified about the harm done to women within the work place. Factory managers and the person the company nominated as a sexual harassment officer also testified.
Finally, the court’s decision confirmed that the plaintiff endured sexual harassment and criticized the flawed handling of the complaint by the company, which effectively did not conduct an investigation at all.
Alongside these factual findings, the court awarded compensation to the plaintiff, both from the harasser and from the employer who failed in its duty to investigate. It should be noted that the amount was not adequate to the harm committed, or even as any kind of deterrence and the plaintiff has appealed the amount of compensation. Throughout the proceedings, the plaintiff emphasized the importance of a clear cut verdict both to clear her name (which had been tarnished by the employer’s statements) and to encourage other women to stand up against the unacceptable phenomenon of sexual harassment in the workplace.
MAAN condemns any form of sexual harassment in the workplace and beyond and actively helps workers address instances of harassment they encounter in their jobs.
