The Ministry of Justice Clarified the Scope of Employers’ Liability for Workplace Discrimination

Age discrimination remains one of the most widespread issues in the labour market. In this regard, the Ministry of Justice emphasises that Ukrainian legislation guarantees equal labour rights regardless of age, and any restrictions or refusal of employment on this basis are unlawful. In its clarification, the Ministry highlights that a proper understanding of legal guarantees helps individuals effectively counter ageist practices both during hiring and throughout employment.

Legal Definition and Forms of Age Discrimination

According to the Law of Ukraine “On the Principles of Preventing and Combating Discrimination in Ukraine,” discrimination is a situation in which a person faces limitations in exercising their rights based on a certain characteristic, including age, without a legitimate and objectively justified aim. Therefore, manifestations of ageism at work may include:

• refusal to hire someone for being “too young” or “too old”;
• unjustified dismissal;
• reassignment or restrictions on promotion and professional development, etc.

Vacancies with age restrictions are also prohibited under the Law of Ukraine “On Advertising” — a violation results in a fine equal to ten times the minimum wage.

For older individuals, the law additionally prohibits dismissal solely due to reaching retirement age or changes in essential working conditions without their consent.

How to Respond to Discrimination and Protect Your Rights

The Ministry of Justice notes that employees may request that an employer explain the reasons for decisions affecting their labour rights, document relevant circumstances (correspondence, documents), and, if necessary, challenge discriminatory actions in court. The law also entitles individuals to claim compensation for material and moral damages.

Another way to combat discrimination is to apply to the Ukrainian Parliament Commissioner for Human Rights or regional ombudspersons. When submitting a complaint, individuals must indicate their personal details, the grounds of the complaint, and evidence proving the violation of their rights, the Ministry added.

Liability for Discrimination

Violations of Ukraine’s anti-discrimination legislation may entail civil, administrative, or criminal liability.

Administrative penalties may range from UAH 1,700 to UAH 3,400, and for repeated violations — up to UAH 5,100. In addition, Article 173-6 of the Code of Administrative Offences provides for community service for 20 to 40 hours or corrective labour for up to one month with a 20% wage deduction. If discriminatory actions involve violence or result in serious consequences, criminal liability applies.

Victims are entitled to claim compensation for material damage as well as compensation for moral harm caused by unlawful actions. The Ministry emphasises that moral damages must be compensated regardless of material losses and irrespective of their amount.