GOAL 8.

THE SUSTAINABLE DEVELOPMENT GOALS 7

GOAL 8. PROMOTE SUSTAINED, INCLUSIVE AND SUSTAINABLE ECONOMIC GROWTH, FULL AND PRODUCTIVE EMPLOYMENT AND DECENT WORK FOR ALL

Target 8.3. Increase employment Target 8.5. Promote a safe and secure working environment for all workers […]

HOW LGBTQI PEOPLE HAVE BEEN LEFT BEHIND:

The only legal act in Ukraine that explicitly prohibits discrimination based on sexual orientation and gender identity is the Labor Code of Ukraine (ст. 21).

In accordance with the Association Agreement between Ukraine and the European Union and the requirements of visa liberalization, Ukraine is required to comply with the EU Council Directive 2000/78 / EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation, with a sexual orientation as a protected ground.

However, these provisions are often not implemented in practice. There is also no effective mechanism for responding to discrimination on the basis of SOGIESC in the field of labor.

During the period from December 1, 2018 to March 1, 2019, NGO Zhiva-Ya, which monitors human rights violations on the basis of SOGIESC and provides psychological and social support in Kherson and the Kherson region, documented 10 cases of discrimination, mobbing and stigmatization at the workplace against LB women.

Case: Natalia, 40 y.o.

Natalia works as a hairdresser. She noticed that some regular clients ceased to go to her, and her colleagues began to joke, scold her on the subject of LGBT. One of these days, one of the clients (who did not stop to use her services), told Natalia that there is a gossip about her sexual orientation which is being spread. The source of gossip was one of the colleagues at the workplace, who shared it with the beauty salon staff and then information reached regular clients. It was shared that Natalia is a lesbian and that she also serves clients with homosexual orientation.

Natalia was not openly and did not plan to reveal her sexual orientation at workplace because of homophobia. After the incident, she wants to change her job. She feels she is being mobbed.

Some of her regular clients left Natalia, and she feels a negative change in the attitude of the group towards her. Some of her regular clients left Natalia, and she feels a negative change in the attitude of colleagues towards her.

THE SUSTAINABLE DEVELOPMENT GOALS 8

RECOMMENDATIONS. INCLUSIVITY AND DIVERSITY AT THE WORK PLACE

As people have to hide their sexuality or, in other words, part of their self in their everyday life, it logically leads to their unsatisfaction, they do not invest their whole selves to work, and may not be as productive and open up their full potential as they possibly could. Spending so much time and psychological energy on being under cover has obvious negative impact on individuals making them feel distracted from work, exhausted, depressed or unhappy. There are, however, multiple practices to improve the environment for LGBTQI people at the work place.

1. Ensuring that national anti-discrimination legislation is in force and being implemented. In Ukraine, in November 2015, an anti-discrimination amendment to the Labor Code was passed prohibiting discrimination on grounds of one’s sexual orientation and gender identity at the work place. Since then, however, not a single case of such discrimination by an employer was presented to Ukrainian courts. This demonstrates that there should be a better system of control and monitoring over implementation of this part of the Labor Code, ensuring that both employers and, especially, the courts were informed and prepared to deal with this kind of discrimination in the interests of discriminated employees.

2. Informational campaign raising awareness of the society on their rights at the work place, current labor legislation and protection from discrimination at the work place, in particular. The campaign should target private and public sectors employees and employers and be clear about workers’ rights and legal implication of violations of those.

3. Free legal consulting and assistance to the victims of discrimination at the work place, offering LGBTQI persons who face violation of their rights at work complex help with bringing the case to the court and proceeding with it.

4. Introduce initiatives encouraging employers to create more inclusive working environment. Those could include tolerance and diversity trainings for HR specialists and top managements, wider programs for the whole staff of the company, recognition of company’s efforts publicly at national level, etc. Maintaining national ranking of the most inclusive employers.

5. Closer control and monitoring as well as data collection on cases of human rights violation of LGBTQI persons at the work place by civil society organizations and publication of the results in an open access. Improved data collection and storage, coverage of all the regions by the research (corresponding budget should be allocated).

6. Introducing platforms or forums for dialogue between civil society organizations and public institutions to create, promote, and develop policies and strategies that will lead to more employers adopting discrimination-free hiring and HR strategies and policies, national legislation being effectively implemented, and wider society being well aware about unacceptability of discriminatory practices towards LGBTQI persons.

7. Encouraging public institutions and private companies to take part in round table, discussions, and other LGBTQI rights related events where a direct interaction and discussion of current issues faced by LGBTQI people, of best international practices and possible ways of solution of existing problems is presented.