Non-discrimination rules in job advertising in Ukraine

Kseniia Lotosh
Arzinger, Kyiv
Kseniia.Lotosh@arzinger.ua

Anti-discrimination principles are already envisaged by the Ukrainian legislation. Article 24 of the Constitution of Ukraine guarantees the equality of citizens’ constitutional rights and freedoms and prohibits privileges or restrictions based on a wide array of characteristics. The Law of Ukraine ‘On the Principles of Prevention and Counteracting Discrimination in Ukraine’^[1] further establishes a specific framework for protection against discrimination in general, while the Labour Code of Ukraine specifies these principles in the context of employment. However, for some time, there has been no effective enforcement mechanism in the area of job advertising.

The Law of Ukraine ‘On Advertising’^[2] (Article 24-1) has been continuously updated throughout the years to the extent where now it explicitly prohibits specifying requirements in job advertisements that give preference to characteristics which are not related to the nature of the work.

Since 8 May 2025, the Law of Ukraine No 3992-IX (the ‘Law’)^[3] gave the State Service of Ukraine on Food Safety and Consumer Protection (the ‘Service’) the authority to oversee compliance with anti-discrimination principles in job advertisements. Thus, the Law further supports the prohibition of discrimination by designating a specific authorised state body (the Service) to monitor and sanction respective violations actively.

Under the Association Agreement with the EU, Ukraine has to harmonise its national legislation with the EU acquis communautaire. Key directives related to employment opportunities and non-discrimination include Council Directive 2000/43/EC (principle of equal treatment between persons irrespective of racial or ethnic origin),^[4] Directive 2000/78/EC^[5] (equal treatment in employment and occupation, prohibition of discrimination on the grounds of religion or belief, disability, age, or sexual orientation), and Directive 2006/54/EC (equal opportunities and equal treatment of men and women in matters of employment and occupation).^[6]

Therefore, by creating the enforcement mechanism for non-discriminatory advertising, Ukraine demonstrates significant progress in aligning its employment laws with EU standards.

The Service now focuses on two primary categories of violations in job advertisements: discriminatory language and manipulative content. The Service actively detects advertisements that contain explicit or implicit preferences or limitations based on characteristics that are not considered bona fide occupational qualifications (BFOQs).

The prohibited grounds for discrimination are extensive and include age, gender, race and skin colour, health status, disability, HIV/AIDS, sexual orientation, political, religious and other beliefs, membership in trade unions or other public associations, ethnical or social origin, marital and property status, place of residence, linguistic or other characteristics not related to the nature of work or conditions of its performance.

Phrases such as ‘seeking young professionals’, ‘team of young people’, or specifying an age range (eg, ’25–45 years old’) are now explicitly sanctionable unless a specific age is a demonstrable BFOQ. Advertisements specifying ‘male’, ‘female’, or using gendered job titles (eg, ‘waitress’, ‘foreman’) where gender is not a BFOQ are prohibited.

The focus must be on gender-neutral titles (eg, ‘cleaner’, ‘supervisor’, ‘salesperson’). Effective prohibitions also protect from directly or indirectly discriminating against persons with disabilities or health conditions, including HIV status, as well as any other distinguishing characteristic.

While advertising, the employers must focus on a potential applicant’s ability to perform the essential functions of the job, with or without reasonable accommodation. However, job advertisements still may contain a description of requirements for the future employee from among the mentioned list if such characteristics are objectively justified based on the nature of the future work and conditions of its performance. For example, Ukrainian legislation sets some direct limitations. Specifically, the Labour Code of Ukraine (Article 174) and the Law of Ukraine ‘On Labour Protection’^[7] (Article 10) prohibit the employment of women in heavy work, work in harmful or dangerous conditions and underground work (except for certain non-physical work or work in sanitary and household services). It is also prohibited to engage women in lifting and moving objects that exceed the weight limits established for them. In such cases, specifying the requirements arising from these norms (eg, gender for specific types of work) is not discrimination, but the fulfilment of direct legal requirements. Should this be the case, it is advisable to explain such requirements directly in the job advertisement to avoid any claims from the Service.

Apart from direct discrimination, the Law also empowers the Service to address subtle forms of manipulation that mislead job seekers and create an information imbalance (eg, use of unclear or misleading wording, concealment of important information such as hazardous work conditions and exaggerations such as in promised salary levels). This further ensures clarity and honesty in job advertising.

Any employer, advertiser or advertising agency found in violation of the regulations is subject to a fine. The amount of the fine is fixed at ten times the legislatively established minimum wage (currently, the fine is UAH 80,000; approximately €1,700) as of the moment the violation is detected.

Usually, indirect discrimination in advertisements is unacceptable as well. A good example is a situation where an employer posting a full-time job vacancy adds a note indicating that women with children under the age of 14 are considered for a part-time arrangement (because of the respective guarantees for mothers in the Labour Code of Ukraine). At first glance, such a note looks like a neutral criterion, demonstrating support towards mothers. However, it creates a hidden distinction by linking the possibility of a part-time job exclusively to one protected group. For instance, such an approach can discriminate against men who have children and also seek similar arrangements, or even other candidates who may require the same schedule. Also, it may look discriminatory for women with children themselves, as they are offered part-time work only instead of a full-time possibility.

It is worth mentioning that even if the job advertisement fits all requirements, discrimination may still occur further in the recruitment process or once employment relations start.

For example, while selecting candidates, the employer may give preference to specific categories of persons (eg, choosing women over male candidates – to avoid military record-keeping and reporting obligations for the employer) or refuse hiring the candidates because of a specific characteristic (often young women who just got married, pregnant women or women with children – out of the unreasonable employer’s concern that it would be hard to dismiss a pregnant woman or a mother of a young child due to existing guarantees). Should it be the case, the Service will not have the authority to penalise employers anymore, as other authorities are to be involved based on the employee’s claim (eg, State Labour Service or courts). The penalties and consequences for the employers in such cases will depend on the actual circumstances and the grounds for the candidate’s/employee’s claim.

Conclusion

Therefore, by making sure that recruitment is completed based on qualifications and not on prejudice or deceit, the Law helps to develop a more dynamic, competitive and humanised labour market with more diverse personnel in various industries. Such legislative reform is also irrefutable evidence of Ukraine’s desire to comply with EU legal and social standards. Moreover, such steps are quite crucial in times when Ukraine has an increased number of socially vulnerable job seekers, including among internally displaced persons, persons with disabilities and veterans of war.