El Al Israel Airlines Ltd. v. Danielowitz
Israel Supreme Court
HCJ 721/94, 48(5) PD 749 (1994)

- Written by Whitney Waldenberg, JD
Facts
El Al Israel Airlines Ltd. (El Al) (defendant) had a collective agreement with airline employees that allowed each employee’s spouse or “person reputed to be a husband/wife” to receive one free airline ticket each year. Jonathan Danielowitz, an El Al employee, sought a ticket for his same-sex domestic partner, with whom he had been living for almost 10 years. El Al denied the request, and Danielowitz sued the airline in Israel’s labor court. The lower labor court and the national labor court both found in favor of Danielowitz, determining that the collective agreement did not cover same-sex couples and, therefore, the agreement violated Israel’s Equal Employment Opportunities Law. El Al appealed to the Israel Supreme Court, arguing that the amendment to the Equal Employment Opportunities Law that prohibited discrimination based on sexual orientation did not apply to the collective agreement, because the agreement predated the amendment.
Rule of Law
Issue
Holding and Reasoning (Barak, J.)
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