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What are the requirements relating to advertising positions?
Any employment offers must be advertised referring to both genders and must not include any discriminatory requirements.
What can employers do with regard to background checks and inquiries in relation to the following:
(a) Criminal records?
Criminal record checks are forbidden, expect for government security employers specified by law. Employers providing services to children and disabled or mentally ill people must require that all male candidates provide a police confirmation that they have not been convicted of a sex crime.
(b) Medical history?
This is a legal requirement in some industries and occupations. It may be allowed in other occupations, if relevant to the position and subject to the employee’s consent.
(c) Drug screening?
Drug screening may be allowed in some cases, if relevant to the position and subject to the employee’s consent.
(d) Credit checks?
Credit checks are uncommon in Israel. A new law that was introduced very recently forbids credit checks for employment purposes and labour courts may award compensation for breach of such breach clause.
(e) Immigration status?
Immigration status can be checked, as the employer must issue a work permit for the employee who is neither a citizen nor a resident of Israel, to be able to employ the employee legally and it will also affect some tax and national security payments.
(f) Social media?
Almost no case law is available regarding social media. In general, any background check is subject to the general principles and provisions of the law (eg, the candidate’s basic right to dignity and privacy, non-discrimination provisions and general good-faith obligations).
Employers cannot ask employees for their military medical classifications (army profile), indicating their medical condition, as well as any genetic information.
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