Employment Discrimination
Any distinction, exclusion, or preference made on the basis of ethnicity, race, gender, religious belief, etc., which has the effect of nullifying or impairing equality of opportunity or treatment in employment.
Definitions (3)
As defined and prohibited by the Law on Promotion of Employment, employment discrimination refers to any practice by an employing unit or employment agency that denies laborers equal employment opportunities or fair employment conditions due to their ethnicity, race, gender, religious belief, or other protected characteristics. This includes, but is not limited to, using sex as a pretext for excluding women from employment or raising recruitment standards for females, or stipulating restrictive clauses in labor contracts related to marriage or childbirth.
As defined in Article 2-1 of the Ukraine Labor Code, employment discrimination encompasses any direct or indirect restriction of the rights of workers based on a wide range of characteristics such as race, skin color, political, religious, and other convictions, gender, ethnic, social, and foreign origin, age, health status, disability, gender identity, sexual orientation, marital and property status, family obligations, place of residence, membership in a trade union or other public association, participation in a strike, or language. Crucially, it explicitly includes unequal payment for work of equal value carried out by workers of identical qualification.
In the context of DOLE Department Order No. 251-25 and related Philippine laws, employment discrimination refers to any gender-based distinction, exclusion, or preference that nullifies or impairs equality of opportunity or treatment in employment or occupation. This includes, but is not limited to, unequal pay, arbitrary preferences in promotion, denial of job security, or restricted access to training opportunities based on sex.