construction-cc-by-Aviad2001The Israel Land Authority has decided to fine the construction company “Be’Emunah” 323,000 NIS due to a discriminatory advertisement. This is the first time a construction company has been fined in Israel in accordance with the prohibition on discriminatory marketing of residential units, in Israel Land Authority tenders.
In December 2015, The Association for Civil Rights in Israel (ACRI) submitted a petition to the Administrative Court in Jerusalem, calling to compel the Israel Land Authority (ILA) to penalize the “Be’Emunhah” company due to its discriminatory marketing of apartments in Carmei Gat solely to the national-religious public. The petition was submitted shortly after “Be’Emunah” distributed an offensive advertisement clip, presenting the housing development as intended for religious Ashkenazi Jews only, and mocking Israelis of Mizrahi origins.
The ILA held a hearing and its tender committee ruled that “Be’Emunah” did not intend to discriminate, nor did it discriminate in practice in its housing development against the Mizrahi population. However, they found that the advertisement contained discriminatory characteristics, giving rise to the concern that it would affect the nature of the prospective buyers with an interest in purchasing homes in the development.
Discriminatory marketing of residential units has been prohibited in ILA tenders since 2010, following ACRI’s advocacy in this area. This is the first time that a construction company has been penalized for discrimination since the prohibition came into force.
“The advertisement shocked the country and we are pleased that it was quickly removed from the Internet, but many Israelis of Mizrahi origins were deeply offended by the ad. The tender committee’s decision sends a clear message: Discriminatory advertisements are forbidden, even if no discrimination takes place in practice,” explained Attorney Gil Gan-Mor, Director of ACRI’s Social and Economic Rights Unit.
The Attorney General’s Office is currently deliberating whether marketing apartments solely to the national-religious public constitutes unlawful discrimination. The ILA maintains that the court ought to nullify ACRI’s petition calling to penalize Be’Emunah for marketing apartments only to religious Jews. In response, Attorney Gan-Mor stated: “The Association for Civil Rights in Israel will continue to combat unlawful discrimination and discriminatory marketing of homes, and will fight for the right of all Israelis – Jews or Arabs, secular, religious, ultra-Orthodox – to freely choose their place of residence.”
For more information:
“A first in Israel: Construction firm fined for racist ad” By: Lee Yaron, Haaretz, 8 March 2016
ACRI petition to compel Israel Land Authority to penalize Be’Emunah
Please click here to access the petition (in Hebrew).
