In March, LI lawyer Alina Antonenko wrote a column for one of Ukraine’s most prominent analytical resources, Economical Pravda.
In her article, the LI lawyer examines the concealed aspects of workplace discrimination in Ukraine and explains why employees often stay silent in the face of unfair treatment. She also provides a concrete example from an educational institution, where two social workers with the same Master’s degrees received differing treatment. The article identifies various psychological and systemic obstacles that hinder workers from speaking out, including:
- Uncertainty: Many workers cannot clearly identify what is happening to them as “discrimination” because the law prohibits it but doesn’t always offer guidance on recognizing its subtle forms.
- Fear of Retaliation: The fear of being fired, losing bonuses, or experiencing worsened working conditions often outweighs the desire for justice, especially if the worker lacks support from colleagues.
- Difficulty of Proof: In court, the burden of proof is high. A worker must clearly connect the employer’s negative actions to a specific protected characteristic (age, disability, union membership, etc.).
- Distrust in Institutions: There is a widespread belief that “complaining is useless” and that regulatory bodies or courts will not deliver quick or fair results.
LI lawyer also recommends an action algorithm that involves documenting everything, applying to relevant officials, and seeking support from the union. In the author`s view, collective action is the most effective form of defense. When a whole team acts through a union, the employer cannot isolate or pressure individual members.
The article concludes that discrimination and unfair treatment “feeds on silence.” The only way to make legal guarantees real is through awareness, an active professional stance, and the structural support of a trade union.
*This publication has been produced as a part of the program “Trade Unions Fighting Inequality and Reconstructing Peace and Democracy in Ukraine”, implemented by the Norwegian Confederation of Trade Unions (LO) in partnership with the NGO Labor Initiatives, with financial support from Norway.
The contents of this publication are the sole responsibility of the author and can in no way be taken to reflect the views of the Government of Norway and LO.
