I was discriminated against by age when applying for a job. How to deal with it?

Discrimination on the basis of age in the world of work in Ukraine is legally prohibited. By law, job advertisements may not include restrictions on the age and sex of candidates.. However, many citizens still experience age discrimination and, Consequently, face difficulties in finding a job, in particular, after a break in work or if desired or the need to change the profession and the like.

The concept of "eijism", That is, age discrimination, suggested in 1969 For a year, the director of the US National Institute Robert Batler. In fact, this is an infringement of human rights, The only basis for which is age (not skill, Human skills and abilities). The World Health Organization defines Aijism as a stereotype, prejudice and discrimination of people by age.

Despite, what work and vacancies in Ukraine enough for people of different ages, Aijism is one of the most common types of discrimination in our country. According to surveys as of 2020 year 39,7% citizens were subjected to this discrimination, Among them 33% people from 18 to 29 years, 39.3% – at the age of 30 to 54 years, and 45,9% – Older 55 years. Interesting, that men experience age -related discrimination almost the same (39,9%), Like women (39,4%). We also note, that according to another study , Every third Ukrainian considers employment and labor relations that sphere, where they feel discrimination of everything.

How to deal with labor discrimination by age?

"Discrimination on age, Also known as “Eigism “- A fairly common problem in the labor market of Ukraine. Moreover, in various areas of employment, it manifests itself as in relation to older persons, So and youth ", – says George Sandul, Lawyer and Director of the OO "Labor Initiatives".

Thus, the employer violates the fundamental guarantees of the protection of persons from discrimination, laid in Art. 2-1 Code of Labor Laws of Ukraine, Where any labor discrimination is prohibited. It is also a violation 11 Articles of the Law of Ukraine "On Employment", which prohibits in the announcements of vacancies to indicate age, floor and provide data on personal life.

“Discrimination is a trend in Ukraine and becomes an obstacle to people's employment, which employers consider “outdated” to carry out certain work ", – The lawyer says. – Despite the apparent progressive nature of antidiscriminate norms in the current legislation, there are no effective mechanisms of responsibility of employers, but without effective means, According to the lawyer, The application of the law turns into a declaration.

The HR consultant of a foreign IT company in Ukraine also confirmed, what to prove in court cases of discrimination by age is almost impossible. As a result, most discriminated people do not sue, and look for other employment options or stay at home. According to a specialist,

“Aijism is a fairly common phenomenon, but, Unlike other forms of discrimination, including sexism and racism, it is more socially acceptable and is usually beyond doubt, since it is often unconscious ".

Search for a solution to these problems, According to a specialist, – in changing social norms and behavior, as well as in the political will of people.

"IN 2016 d. Many international companies, in particular, In Ukraine, Actively introduce internship programs for students and specialists and expand the age frames for staff ", – tells the HR consultant. International companies are often prescribed in their mission.

According to George Sandul, It is extremely difficult to prove the fact of labor discrimination in court precisely, that a person needs to give specific evidence, that he was not taken to work precisely because of his age.

"Given the domestic judicial system, As evidence, the judge will want to see exactly the formal refusal, where it will be indicated -“not hired due to age “. But no one gives such a refusal, After all, the real reason for the refusal is often not called directly. And the employer in court indicate the absence of the fact of discrimination and, that the person was not hired due to the inconsistency of professional skills ", – explains George Sandul.

This problem, According to the lawyer, can only be resolved by legislative changes and the overpassing of burden in court to the employer:

“If a person suits the court for discrimination by age, It is precisely the employer should prove the fact of the lack of discrimination against the plaintiff's face. That is how this happens in many European countries ".

However, even in a situation of the opportunity to prove the fact of discrimination in court, Experts advise not to forget about the importance and influence of the publicity of history about age -related discrimination, Especially when it comes to the company, having a prevailing image and fearing reputation losses. After all, it is public publicity that can actualize the need to introduce effective legislative mechanisms and make a private problem of age -related discrimination of public.