CMS Expert Guide on discrimination in the workplace in Ukraine

The Constitution of Ukraine dated 28 June 1996 guarantees equal rights of men and women in the workplace (including equal pay) and for professional development (Article 24). The mechanisms for ensuring these rights are provided by the Law of Ukraine “On Ensuring Equal Rights and Opportunities for Women and Men” (No. 2866-IV dated 08 September 2005).

The Code of Labour Laws of Ukraine dated 10 December 1971 contains general provisions prohibiting discrimination in the workplace. Both direct and indirect discrimination are prohibited.

The Code of Labour Laws of Ukraine directly protects many characteristics of these laws. In particular, the code prohibits discrimination based on race; skin colour; political, religious or other beliefs; gender; ethical, social or foreign origin; age; health; disabilities; gender identity; sexual orientation; HIV/AIDS-infection status or suspicion of such status; matrimonial or financial status; family duties; place of residence; participation in a trade union or another non-governmental organisation; participation in strikes; an application or an intent to apply to court or another authority for the protection of rights or supporting other employees in protection of their rights; notification of or supporting others in notifying corrupt or related actions or other violations under Anticorruption Laws; and language or other characteristics not related to the nature of work or the work performance conditions.

Non-discrimination is guaranteed to all personnel, including employees, workers, platform workers, etc., as long as they are employed by the employer. (Note that the work or services performed under a civil-law agreement is not subject to the protection granted by the labour laws).  

Individuals who deem that they have suffered discrimination in the workplace may submit a claim to state authorities, municipal authorities, the Ukrainian Parliament Commissioner for Human Rights and/or the courts. 

In addition, an employee may demand from the employer temporary transfer of up to two months to a remote-work regime if any actions that could qualify as discriminatory occurred in the workplace. The employee must confirm the facts of discrimination in the workplace to get the employer’s approval for the remote work.

An individual is entitled to receive compensation for material and moral damages suffered as a result of discrimination in the workplace. Since it is quite difficult to prove workplace discrimination, using case-law to estimate the level of compensation is insufficient. At the same time, in the event of labour disputes, moral damages (e.g. illegal termination of employment, damage to professional reputation) are usually compensated in the amount of EUR 200 to EUR 300.

Currently, there are no mandatory actions (e.g. policies, trainings etc.), which employers must implement to prevent discrimination in the workplace. At the same time, the employer may take the initiative and implement whatever positive steps necessary to prevent workplace discrimination.

Diversity and Inclusion Policy (D&I Policy) is not a legal requirement in Ukraine. It is the best practice, however, in many international companies running businesses in Ukraine. 

As local D&I Policies are not mandatory, there are no legal risks to companies that choose not to implement such policies. At the same time, international organisations and companies procuring goods, works and services from their Ukrainian contractors often require compliance with these policies. Also, implementation of D&I Policies is often regarded as a reputational benefit contributing to the corporate culture and values of the company.   

No, employers are not required to report on pay transparency or on the gender, ethnic and disability pay gap.

Information on race or ethical origin; political, religious or other beliefs; participation in political parties or trade unions; criminal convictions; health status; sexuality; and life, biometrical or genetic data are sensitive in Ukraine. Employers may process this data only with employee consent. The employer must notify the Ukrainian Parliament Commissioner for Human Rights on the processing of such data within 30 days from when the processing began.      

No, there are no such quotas.

No, there are no such rules.