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Employment discrimination

Employment discrimination involves unequal treatment in hiring, pay, promotion, or termination based on gender, pregnancy, or gender identity. 

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Zwaan-de Vries v. The Netherlands

F.H. Zwaan-de Vries is a Netherlands national who worked for several years before becoming unemployed. Zwaan-de Vries qualified for unemployment benefits under the Unemployment Act until 1979, at which time she applied for continued support through the Unemployment Benefits Act (WWV). The Municipality of Amsterdam rejected her application in accordance with section 13 subsection 1 of WWV (the “breadwinner” clause) because she was a married woman.

Аналітичне дослідження "Гендерна дискримінація у доступі до роботи та послуг: оцінка стану імплементації Україною антидискримінаційних заходів Директиви Ради ЄС" (Analysis of Implementation of EU Measures on Anti-Discrimination in Work and Services)

By signing the Agreement between Ukraine and the European Union, Ukraine accepted the commitment to ratify several EU anti-discrimination directives on equal treatment for men and women concerning access to, and provision of, goods and services; gender equality in balancing professional and family responsibilities; gender-based discrimination, etc. The report (“Analytical research 'Gender discrimination in access to work and services: assessment of the state of implementation of anti-discrimination measures by Ukraine EU Council Directive”) consists of two parts.

Битва за свободу. Становище ЛГБТ-спільноти в Україні у 2022 році, Правозахисний ЛГБТ-центр "Наш світ" (The battle for freedom. The situation of the LGBTQ community in Ukraine in 2022)

This report by LGBT Human Rights Center “Our World” contains a comprehensive analysis of the situation of the LGBTQ community in various spheres of social life, including relations with state and law enforcement agencies, the church, and the general public. The experts also investigated violations committed by the occupation authorities. The authors draw attention to legislative shortcomings in Ukraine in terms of regulating the status of LGBTQ communities.

Закон України "Про відпустки" (№ 504/96-ВР), (Law of Ukraine 'On leave' No 504/96-ВР of 1996)

The Law provides a number of benefits and guarantees for women. In particular, annual basic and additional full-time leave in the first year of work is provided to employees after six months of continuous work at the enterprise, institution, or organization. However, until this term, such leave may be granted to women (at their request) before or after maternity leave, as well as to women who have two or more children under the age of 15 or a child with a disability.

Закон України "Про державну службу" № 889-VIII 2015 (Law on Ukraine "On Civil Service")

The Law 'On Civil Service,' among the other main principles of civil service, defines equal access to civil service, namely the prohibition of all forms of discrimination, unjustified restrictions, and granting unjustified advantages to certain categories of citizens when entering and completing civil service. It is interesting that the enforcement of this rule is carried out through some measures, which are taken by the National Agency of Ukraine for Civil Service.

Кодекс законів про працю № 322-VIII 1971, статті 178: переведення вагітних жінок і жінок, які мають дітей віком до трьох років, на легшу роботу (Labor Code, art. 178: work transfer rules for pregnant women, women with young children)

Article 178 of the Labor Code provides for the right of pregnant women and women with children under the age of three to request that their employer reduce the woman’s production and service rates, or transfer her to easier work in order to avoid dangerous conditions while maintaining her pay from her original position. At the same time, the woman must provide her employer with an appropriate medical documentation confirming the pregnancy and the impossibility of performing the original work.

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