The amendment fundamentally changes the prosecution and enforcement powers of the Commission for Equality of Rights for Persons with Disabilities, and at the center of it are two significant innovations:
beginningthe correction Allows the Commission to sue as a person’s best-power Anyone who violated accessibility obligations or discriminated against a person in providing a public service, contrary to the law.
The practical meaning of this amendment is to expand the Commission’s ability to file civil lawsuits against government offices on behalf of a person with a disability. While before the amendment the Commission could sue the government ministries only on behalf of a person who was discriminated against in employment, after the amendment, the Commission can file claims on behalf of a person also in the areas of accessibility and discrimination in a public place and public service. This authority came into effect upon the promulgation of the law.
Second, the amendment created an administrative enforcement track for the accessibility and adequate representation provisions in the law, centered on the authority to impose financial sanctions.
As part of the new administrative enforcement tools defined by the new amendment to the law, the Commission will be able to impose financial sanctions Anyone who violates his obligation to make it accessible or his obligations to adequate representation, including for example: government offices, local authorities, health service providers, education, transportation and private businesses. This authority will enter into force one year from the date of publication of the law (that is, on July 13, 2023), provided that regulations and procedures required for implementation will be completed by this date.
The law gives the Commission the authority to also take additional measures – giving an “administrative notice” or “commitment and guarantee”, these measures will be taken in certain circumstances according to procedures established by the Commission with the approval of the Attorney General.
The administrative enforcement process includes several stages. After the initial inspection carried out in the field, the case is transferred to the examination of an appointed official who decides whether there is room to open an administrative procedure and what is the appropriate route. The body that violated the law will be notified of this and will be given the opportunity to voice its claims. At the end of the process, it will be determined whether to impose a financial sanction or to take another enforcement procedure, and the amount of the sanction, if imposed, will be determined.
Also, the law states that a repeated violation or continued violation of the provisions of the law by the same body, will lead to sanctions in amounts higher than the original amount.
In the first four years of the implementation of the law, micro and small businesses that have been found to have violated a particular offense for the first time will only receive an administrative warning. Also, a debtor who has a permit from an accessibility authority will receive an administrative warning if a certain violation is found for the first time. The Commission will determine what an authorized approval should look like that would provide this protection.
The amount of the financial sanction established by law depends on the cost of performing the particular obligation as well as the economic capacity of the business (according to transaction turnover). see example For a breakdown of the amount of sanctions regarding the number of violations according to the size of the debtor:
| The type of accessibility match that was violated | Small debtor: turnover of transactions up to NIS 2 million | Small debtor: turnover of transactions up to NIS 20 million | Ordinary debtor: government offices; Local authorities; A business whose transaction turnover is over NIS 20 million |
|---|---|---|---|
| Making accessibility adjustments to the entrance doors to the building and inside the building | 1200 NIS | 3500 NIS | 12,500 NIS |
| Making markings (leading mark, locator mark, marking obstacles, marking doors) | 1200 NIS | 3500 NIS | 12,500 NIS |
| Providing and performing accessibility adjustments in automatic machines, including providing access and maneuverability, providing accessible service by the machine, providing operating instructions and the number of accessible machines | 2,400 NIS | 7,000 NIS | 25,000 NIS |
| Making accessibility adjustments in the lamb, including width, slope and existence of intermediate surfaces | 2,400 NIS | 7,000 NIS | 25,000 NIS |
| Installation of an elevator where required | 3,600 NIS | 13,000 NIS | 37,500 NIS |
| Conducting training for employees | 3,600 NIS | 13,000 NIS | 37,500 NIS |
Beyond that, it will be mentioned that the law and the accessibility regulations include additional mechanisms aimed at Consideration of small and tiny business owners, such as the possibility of exemption on the basis of too heavy a financial burden.
In conclusion, the new amendment to the Law on Equal Rights for Persons with Disabilities will enable a broad assimilation of the accessibility provisions and the action to achieve adequate representation, through effective supervision and enforcement mechanisms.