Labor Law

Can an Israeli employer require a job applicant or employee to undergo a medical examination?

Only within narrow limits. A medical examination is lawful where a statute requires it for the specific role, or where the employer can show the test is directly relevant to the job's actual requirements. Outside those cases it is an intrusion on privacy under the Protection of Privacy Law 5741-1981 and can amount to disability discrimination under Section 8 of the Equal Rights for Persons with Disabilities Law 5758-1998. Genetic testing for employment purposes is banned outright by the Genetic Information Law 5761-2000.

Israeli law separates mandated occupational medicine from employer curiosity. The Safety at Work Ordinance [New Version] 5730-1970 and the occupational health regulations made under it require periodic medical supervision for workers exposed to specified hazards such as noise, radiation, asbestos, and certain chemicals, and sectoral licensing rules impose their own health checks on heavy vehicle drivers, food handlers, and security guards. Where no rule of that kind applies, the employer needs the worker's informed and specific consent, and the Labor Court scrutinizes consent given as a condition of getting or keeping a job. The examining physician reports fitness for the role, not the underlying diagnosis.

Foreign workers and expatriate hires should know where the boundaries sit. A medical check performed as part of a work permit process belongs to the immigration file and does not entitle the employer to the results. An applicant asked about health history at interview, or rejected after an examination, can bring a claim in the Regional Labor Court, and once a prima facie case of discrimination is shown the burden shifts to the employer to justify the requirement. Damages can be awarded without proof of financial loss. The same analysis applies to other pre-employment screening, where relevance to the role is the controlling test.

⚖ In Practice
  • Governing law: Section 8, Equal Rights for Persons with Disabilities Law 5758-1998; Genetic Information Law 5761-2000; Protection of Privacy Law 5741-1981; Safety at Work Ordinance [New Version] 5730-1970 for mandated occupational examinations
  • Competent authorities: Regional Labor Court (Beit Din Ezori LaAvoda); the Administration of Occupational Safety and Health for statutory medical supervision
  • What the employer may receive: a fitness-for-the-role statement from the occupational physician, not the medical file or the diagnosis behind it
  • Compensation: the Labor Court may award damages without proof of loss in discrimination claims, and reported awards commonly run from roughly NIS 20,000 to NIS 120,000
  • Burden of proof: once the worker shows a prima facie case, the employer must prove the requirement was job-related and lawful

From the full guide: Employee Background Checks in Israel: What Employers Can and Cannot Do


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Get a Free Consultation with Adv. Eli ShimonyPrepared under the direction of Adv. Eli Shimony, Eli Shimony Law Office · Editorial policy

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