Protection Against Ageism at Work
solvedWhat should I do if I face age discrimination at work? What protection mechanisms are provided by law and how can they be applied?
Answers
The requirements of Art. 43 of the Constitution of Ukraine state that everyone has the right to work, which includes the opportunity to earn a living by work that one freely chooses or to which one freely agrees. The state creates conditions for the full exercise by citizens of the right to work, guarantees equal opportunities in the choice of profession and type of labor activity, and implements programs of vocational and technical training, education, and retraining of personnel in accordance with public needs. A person who believes that they have been subjected to discrimination has the right to file a complaint with state bodies, authorities of the Autonomous Republic of Crimea, local self-government bodies and their officials, the Ukrainian Parliament Commissioner for Human Rights, and/or to the court in the manner prescribed by law. The exercise of this right cannot be a basis for prejudiced treatment, nor can it cause any negative consequences for the person who exercised this right, and for other persons. Compensation for material and moral damage caused as a result of discrimination is provided, namely: a person has the right to compensation for material and moral damage caused to them as a result of discrimination. The procedure for compensating for material and moral damage is determined by the Civil Code of Ukraine and other laws. Liability for violation of legislation on preventing and combating discrimination is also provided, namely: persons guilty of violating the requirements of legislation on preventing and combating discrimination shall bear civil, administrative, and criminal liability.