The article explores the essence and legal nature of guarantees aimed at ensuring compliance with the principle of non-discrimination in the labor sphere, which is a fundamental element of the human right to decent work. Based on the provisions of the Constitution of Ukraine, international legal acts such as ILO Convention No. 111, the European Convention on Human Rights, and EU Council Directive 2000/78/EC, the authors examine discrimination as a legal phenomenon manifested in the restriction of labor rights based on gender, age, disability, political or religious beliefs, race, national origin, and other grounds. Despite existing legal norms, in practice employees often face significant obstacles in proving discrimination, particularly in cases of unjustified refusal of employment, denial of promotion, or dismissal. The study analyzes current Ukrainian labor legislation, including the Labor Code of Ukraine and the Law “On the Principles of Prevention and Combating Discrimination in Ukraine,” as well as case law of the Supreme Court. Several court cases are discussed to illustrate the evidentiary challenges claimants face, the limited access to internal employer documentation, and the lack of legal liability for unjustified refusals to hire. The authors emphasize the inefficiency of existing mechanisms to enforce anti-discrimination rights in employment and propose specific legal reforms. Among the key proposals is the introduction of the shifted burden of proof principle into labor law, in line with EU legal standards, where once a worker presents sufficient indications of possible discrimination, the employer must prove that no discrimination occurred. The authors also propose introducing indirect evidence (such as comparative salary data, colleague testimony, correspondence), mandatory documentation by employers regarding hiring and dismissal decisions, strengthening financial liability for discriminatory practices, and formally regulating segregation and indirect discrimination in the Labor Code of Ukraine. The conclusions and recommendations aim to improve the legal protection system for employees, ensure real equality in the labor sphere, and enhance Ukraine’s compliance with international obligations regarding non-discrimination.
Зіноватна et al. (Tue,) studied this question.