בנפרד ועדיין שווה? על דרכי ההתמודדות עם מקרי הפליה הנופלים בנפרד מתחולת חוק איסור הפליה

More than 20 years ago, the Israeli Anti-Discrimination statute was enacted. The statute prohibits discrimination in the public sphere, thus enforcing equality in transactions between private parties. However, the statute did not prohibit all forms of discrimination. Notably, discrimination in real estate transactions and in the provision of personal services were not prohibited. Because courts have examined discrimination cases mostly in accordance with the statute’s provisions since its enactment,discrimination that was not covered by the statute does not usually get any legal remedy. This article fills this void and reviews other legal options to deal with discrimination cases which are not explicitly prohibited by the statute and offers practical tools from private law to defend equality in the private sphere, including some innovative uses of existing legal tools, such as nuisance.