Discrimination against people with disabilities is a violation of the principle of equality enshrined in Ukraine and manifests itself in unjustified restrictions on human rights and freedoms based on the state of health or disability. Such actions contradict the Constitution of Ukraine, as well as the provisions of special laws and regulations that explicitly prohibit any form of unequal or biased treatment of persons with disabilities.
The Ministry of Justice of Ukraine on its website notes that in international practice, such a biased attitude is characterized by the term ableism, which reflects the systemic underestimation of the capabilities of people with disabilities, the formation of stereotypes about them and the creation of conditions that actually lead to their exclusion or unequal position in society.
One of the most vulnerable areas where such manifestations are particularly acute is in the workplace: people with disabilities may face unjustified refusals to hire.
The Ministry also describes specific mechanisms for protecting people with disabilities in employment.
Legal definition of discrimination and state guarantees of equal treatment
According to Article 24 of the Constitution of Ukraine, According to the Constitution of Ukraine, citizens have equal constitutional rights and freedoms, and any privileges or restrictions on the basis of disability are prohibited.
Article 1 Law of Ukraine «On Principles of Prevention and Combating Discrimination in Ukraine» defines discrimination as a situation in which a person and/or a group of persons, on the basis of their characteristics, including disability, is restricted in the recognition, exercise or enjoyment of rights and freedoms in any form, except when such restriction has a legitimate, objectively justified purpose, the means of achieving which are appropriate and necessary.
For the labor sector, the following is also important Article 2-1 of the Labor Code of Ukraine, which prohibits any discrimination in the field of labor, in particular on the basis of disability, and requires employers to ensure equal opportunities for each employee.
A separate warranty is established by Article 17 of the Law of Ukraine «On the Fundamentals of Social Protection of Persons with Disabilities in Ukraine», According to the Law of Ukraine "On the Rights of Persons with Disabilities", taking into account individual rehabilitation programs, people with disabilities are guaranteed the right to work at enterprises, institutions, organizations, as well as to engage in entrepreneurial and other labor activities, and, if necessary, special workplaces are created for the employment of persons with disabilities.
Thus, not only direct refusal to hire, but also the imposition of unreasonable requirements, obstacles to the performance of labor functions, or avoidance of the obligation to adapt the workplace are considered discrimination.
Benefits for employment of persons with disabilities
The Labor Code of Ukraine provides for the following types of benefits for the employment of people with disabilities:
- no probationary periods are established for persons with disabilities who are hired in accordance with the law;
- disability is a valid reason for termination of an employment contract concluded for a fixed term;
- in case of reduction of the number of employees, the preferential right to remain in the job under equal conditions of labor productivity and qualification is granted to persons with disabilities as a result of war and persons covered by the Law of Ukraine «On the Status of War Veterans, Guarantees of Their Social Protection»;
- an employed person with a disability has the right to refuse to work at night and overtime;
- at the request of a person with a disability, a part-time (weekly) work schedule may be established.
In addition, the owner is obliged to organize training, retraining, and employment of persons with disabilities, and to create working conditions for them in accordance with medical recommendations.
Practical mechanisms for combating discrimination against persons with disabilities in employment
A person who believes that he or she has been subjected to restrictions during employment because of a disability has the right to use the remedies provided by law.
According to Article 22 of the Labor Code of Ukraine, The employer may not refuse to hire an applicant for reasons unrelated to the candidate's qualifications or business qualities. In the event of such a refusal, the applicant has the right to demand that the employer provide a written justification for the reason.
Also, according to the Article 18 of the Law of Ukraine «On the Fundamentals of Social Protection of Persons with Disabilities in Ukraine», According to the Law, an employer is obliged to create working conditions for an employee with a disability that are consistent with his or her rehabilitation program, and refusal to create such conditions is considered a restriction of rights.
In case of violation of rights, a person may file a complaint with the
- State Labor Service of Ukraine, which is authorized to monitor compliance with labor laws;
- the Ukrainian Parliament Commissioner for Human Rights, which monitors compliance with the principles of equality and non-discrimination;
- courts, In accordance with Article 55 of the Constitution of Ukraine, which guarantees the right to judicial protection in case of violation of rights and freedoms.
If the fact of discrimination is proven, the court may order the employer to restore the violated rights, compensate for non-pecuniary damage, and reinstate or rehire.
Respect for dignity as a basis for fair labor relations
Ensuring non-discriminatory access to work for persons with disabilities is an important element of implementing the principles of social justice and fulfilling Ukraine's international obligations, in particular under the UN Convention on the Rights of Persons with Disabilities.
The Ministry of Justice calls on employers to comply with the law and ensure equality of opportunity, and on citizens to actively defend their rights in case of violation. Respect for the dignity of every person is the foundation of the rule of law and a key condition for the formation of a barrier-free and modern labor market.
