The Israel Railway Company argued in its response to Adalah, dated 30 March 2009, that its decision to impose the military service criterion as a condition for retaining workers was based on professional reasons relating to the nature of the job of railway guards. The company added that the job calls for abilities and skills possessed by those who have carried out military service, including, “the ability to cope rapidly with sudden events that require a fast and calm response, steely nerves and orderly work…” The company clarified that bids for companies that provide guards for trains had ended and a group of companies had been selected, and that work with these companies would begin in the near future. The Israel Railway Company left the option open for hiring workers who have not completed military service according to special criteria, as stated in its response, which indicates that the nature of the job does not in fact require military experience.

In Adalah’s view, the Israel Railways’ response is evasive and, “the measure that the railway company has taken is liable to constitute a slippery slope that will also serve other bodies in the country.”

Adalah also warned that if this decision is not cancelled, the 130 workers currently employed by the Israel Railway Company stand to lose their jobs and that Palestinian Arab workers, citizens of Israel, would be prevented from being employed by the company in the future.

On 23 March 2009, Adalah Attorney Sawsan Zaher sent an urgent letter to the Ministry of Transport and the Israel Railway Company demanding that they refrain from imposing the criterion of military service as a condition for the employment of railways guards. Adalah argued that the use of the military service criterion in this manner contradicts Israeli case law, in particular a Haifa District decision on a petition filed by Adalah. That petition challenged Haifa University’s policy of giving priority in the allocation of student dorms to those who have served in the military. In the decision, the court ruled that the use of the military service criterion led to discrimination against Arab students on the basis of their national belonging, as they are exempt from serving in the Israeli military.

Under Israeli law, all citizens of Israel must be afforded equal opportunities in employment. Adalah contended that the Israel Railway Company, as a governmental authority, is obliged to respect the existing legal and constitutional directives that prohibit discrimination on the basis of national belonging.

The Response of the Israel Railway Company (Hebrew)
Adalah’s Letter (Hebrew)