U KRAI N IAN CORPORATE EQUALITY
INDEX
The Ukrainian Corporate Equality Index
is a national survey of corporate policy of private companies on ban of discrimination in the workplace and support of diversity. The index studies anti-discrimination on grounds of gender, disability, sexual orientation and gender identity.
The Ukrainian Corporate Equality Index
is initiated by All-Ukrainian Charitable Organization FULCRUM, implemented in cooperation with Women's Consortium of Ukraine, NGO "National Assembly of the Disabled of Ukraine", supported by Coalition on Combating Discrimination in Ukraine", International Renaissance Foundation and with the informational help of the company LIGA: ZAKON.
UCEI
CONTENTS 2 3 4 8
Introduction
Acknowledgements
Equality policies evaluation methodology
British Council Ukraine is a participant of the UCEI 2014
10
Participation in Ukrainian Corporate Equality Index — an advantage for companies
12
Evaluation Criteria
12 15 18 22 26 34
Discrimination based on sexual orientation and gender identity
Rights of women in companies
Rights of the people with disabilities
Rating of companies passed Ukrainian Corporate Equality Index, 2014
Rating of companies having public equality policy.
FAQ: discrimination at work
www.cei.org.ua
UCEI
INTRODUCTION
Introduction You are holding the first Ukrainian Corporate Equality Index. The index has collected the best anti-discriminatory policies of private and leading companies that have already implemented a policy of anti-discrimination and / or equality in the workplace and provide decent working conditions.
”
...overcome discrimination in the workplace on any of the signs...
In 2014 Ukraine signed the political provisions of the treaty with the European Union. According to this treaty, Ukrainian companies should have adapted their work according to the European Union, among others prohibit discrimination in the workplace for three years. Founding the Ukrainian Corporate Equality Index is intended to help companies adapt to these new conditions and ensure their employees defense against being discriminated. On the one hand, answering questions of the index, the company can see the weaknesses of their own policies and understand what procedures / practices do not meet the required standards. On the other hand, we offer companies full support of the implementation of European anti-discrimination standards. We have created a special resource for business: www.cei.org.ua containing the best practices and examples. By using the site, companies can create their own policies, get recommendations, download training module for staff, etc.. We consider the Ukrainian Corporate Equality Index (CEI) as a tool for achieving our strategic goal to overcome discrimination in the workplace on any of the signs. We offer practices and procedures to help to enhance workers’ loyalty to an employer, to increase efficiency of personnel and attract new employees. I sincerely thank all the private companies that agreed to participate in the first survey – each of them showed respect for human rights and the desire to improve their work, to work according to European standards. We are sure that the criteria of the Index will be a guide for other companies and help them find European partners for whom these standards are important. We believe that in a year we have made significant progress on promoting the idea of anti-discrimination policy and / or equality among companies in Ukraine. But we have much more ambitious goal, that is, to create hundreds of thousands of jobs without stigma and discrimination of workers. Having fruitful cooperation of all stakeholders, we can achieve this!
Bogdan Globa, Executive Director AUCO FULCRUM
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UCEI
ACKNOWLEDGEMENTS
Acknowledgements We express our gratitude to the European Business Association and American Chamber of Commerce for their cooperation, support of our initiatives and provision of their own discussion sites with representatives of Ukrainian business. We would like to acknowledge the Company LIGA: ZAKON’s informational and resource support and demonstration of a principled position of support of implementation of European standards in the corporate sector. Also, we are sincerely grateful to the International Foundation Renaissance and the Coalition on combating discrimination in Ukraine for the full support and assistance in implementing the initiative.
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UCEI
EQUALITY POLICIES EVALUATION METHODOLOGY
Equality policies evaluation methodology The Ukrainian Corporate Equality Index (hereinafter – Index) consists of four blocks of information: 1. General information blocks about the company. 2. Information on protection from discrimination based on gender. 3. Information on protection against discrimination on grounds of disability. 4. The protection against discrimination based on sexual orientation and gender identity. The first block contains issues on general information about the company, number of employees, the origin of capital (if the company is Ukrainian, international or international). The index evaluates companies’ policies for employees who often face discrimination in the workplace on the three grounds: gender, disability, sexual orientation and gender identity. The second block covers the criteria for companies with policies of anti-discrimination on grounds of sex and applies to equal opportunities in the workplace for men and women The third block contains issues on creating the workplace conditions for people with disabilities, including the issue of reasonable accommodation and implementation of the principles of universal design. The fourth one concerns protection from discrimination based on sexual orientation and gender identity. The index contains the list of evaluation criteria for each group due to the type of discrimination: gender (8 criteria) disability (12 criteria) sexual orientation and gender identity (9 criteria). The highest score the company can get for all the groups of criteria is 100 points. Each group has a certain number of criteria gaining a definite number of points depending on the priority of specific criteria (for details, see “Criteria Index”). The final evaluation is the total number of points for each group divided by the number of groups.
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UCEI
EQUALITY POLICIES EVALUATION METHODOLOGY
Companies that scored more than 52 points on average for all three blocks can be published on the official website of the Index in the “best place to work” section (www.cei.org.ua/resourse/bestwork/) and enter the printed publication. The aim of the Ukrainian Corporate Equality Index is motivating companies, operating in Ukraine, to implement policies of anti-discrimination and / or promote equality and prohibition of discrimination in the workplace in accordance with the European standards. While developing the Index criteria, the best European and international standards on the prohibition of discrimination have been integrated: Council Directive N 2000/78 / EC of 11.27.2000 (Obligations of Ukrainian companies under the association agreement with the EU); Council Directive N 2004/113 / EC (Obligations of Ukrainian companies under the association agreement with the EU); Corporate Equality Index, HRC (USA).
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UCEI
EQUALITY POLICY FRAMEWORKS
Equality policy frameworks
E U Council’s dir ective № 2 00 4/1 13/ЄС: z Em
ployer ’s obligat and economic condion is to create equal social itions for both men women; and z To avoid bias tow working place; ards men and women at a z To adhere to the towards men andprinciple of equal attitude women at employ ment sphere.
Directive 2000/78/ЄС: conditions z Employer’s obligation to create indirect ion, without: direct discriminat discrimination and oppression; reasonable z Employer’s obligation to provide accommodation; shifting z Employer’s obligation to provide f proo burden
PRIVATE COMPANIES l s le ine "On Prinngcip ra k U f o w La e h T nd Combati of Preventiotinona in Ukraine", Discrimina r, concerns: in particula ring, discrimination in hi z Prohibition of smissal, benefits, promotion, di ents. bonuses and paym
Criteria of professio si nal organization z Cooperation with civil organization s; z Diversity support in a working team ; z Prevention of oppression and sexu al harassment in the workplace; z Regular staff training on preventing and combating discrimination; z Public anti-discrimination policy.
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s:
UCEI
EQUALITY POLICY FRAMEWORKS
Trai Trai a ni n ng for members of European Business Association
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UCEI
BRITISH COUNCIL UKRAINE IS A PARTICIPANT OF THE UCEI 2014
British Council Ukraine is a participant of the UCEI 2014 British Council is an international organization, where the policy of equality, diversity and inclusiveness is one of the key. The Council operates in 110 countries and follows the above mentioned standards applied in all its offices. People differ in many features (visible and invisible). To include all the criteria is, of course, impossible, since seven main ones were elected, six of which are provided by the legislation of Great Britain, namely: age, gender, sexual orientation, disability, race and ethnicity, religion and beliefs. The seventh criterion – the balance between life and work – embraces the opportunity to combine study with work, childcare, care for elderly relatives and others.
”
Equality politics is universal
10
The policy of equality, inclusiveness and diversity is global, so criteria we mean are permanent and similar for all the countries in which the British Council operates. Politics is universal, and, regardless of social or political changes in the country, is consistently practiced. For example, during the recruitment of new staff, the principle of non-discrimination on location is used. That is, all candidates who are interested in the work of the British Council and have experience meeting the requirements of the post are considered. Thus equal opportunities for all applicants, regardless of residence or origin, are guaranteed.
UKR AINIAN CORPOR ATE EQUALITY INDEX
UCEI
BRITISH COUNCIL UKRAINE IS A PARTICIPANT OF THE UCEI 2014
This policy has existed for more than 10 years and is based on the core values of the organization: professionalism, creativity, respect for people, integrity and reciprocity. All new employees undergo the mandatory introductory training that includes communication with the coordinator of diversity policy, and should be trained at the relevant webinar during the ďŹ rst month. Since the foundation of the British Council, certainly every employee gets new skills, such as: communication ethics, support of people with disabilities, correct use of terminology and fostering tolerance in themselves and others. The work is based on the principle of a positive action rather than positive discrimination – when preference is given to a particular group. Support of colleagues is happening through positive messages, images and policies and encourages greater tolerance, respect for the rights of every human being without prejudice or discrimination. Thus, British Council won the title of best employer in the framework of the 2010-2011 national competition conducted by the EU delegation and the Ministry of Social Policy of Ukraine. This victory was possible thanks to the high international standards of employment at the British Council, the policy of equal opportunity and diversity, gender equality, and comfortable working conditions for employees with family responsibilities. Of course, the existence and policy compliance has a good impact on cooperation with partners. It demonstrates the high standards of working with people, as it is respected by partners. In particular, British Council gladly shares their experience with others and considers it necessary to transfer experience so that corporate or public sector would use these tools or introduce standards in their work. Other companies are starting to pay attention to the formation and development of their values, corporate social responsibility and to plan internal policies which regulate the procedure of the company and development of its employees.
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UCEI
PARTICIPATION IN THE UCEI — AN ADVANTAGE FOR COMPANIES
Participation in the Ukrainian Corporate Equality Index — an advantage for companies The index was created as a roadmap for businesses to implement the EU requirements on anti-discrimination. According to the Association Agreement with the EU, since 2017 all private companies are required to have policies of prohibition and combating discrimination. And if the policy of equality is not new for most European and American companies, to implement such policies is a new and sometimes confusing challenge for Ukrainian companies.
”
willingness of businesses to improve and respect human rights
The criteria of the Ukrainian corporate equality index are selected so that by following them, the company automatically performs their obligations under the association agreement between Ukraine and the EU. Several criteria, developed by the expert community, help companies not only to fulfill the obligations on preventing and combating discrimination in the workplace, but also to become more attractive and flexible both on the labor market and for specific groups of consumers. Launching the first Ukrainian Corporate Equality Index, we didn’t aim at “identifying and publicly naming the perpetrators”. Our task was to conduct a thorough investigation, distinguishing those companies that already have / are developing a policy of equality and offer cooperation and training opportunities to ones that have not yet implemented the equality and anti-discrimination principles. Both a formal document guaranteing equality and protection from discrimination and willingness of businesses to improve and respect human rights are important.
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ADVANTAGES TO LAUNCH CORPORATE EQUALITY POLICIES
Advantages to launch corporate equality policies
COMPANY
E Q UALITY PO LI C I E to enter new marketing groups and communities if your brand is associated with the European policy and values
to meet the requirements of the current legislation and requirements of directives of the EU Council
to start new partnerships with European and American companies to involve creative experienced employees of the new generation who are loyal to the inner policy of the company
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to create safe environment in a team which results in increase of workers' loyalty to their company and labour productivity
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UCEI
EVALUATION CRITERIA
Evaluation Criteria Discrimination based on sexual orientation and gender identity
Criterion 1
Does the anti-discrimination policy of the company include the clause on non-discrimination based on sexual orientation? Availability of a policy of equality including strict ban of discrimination based on sexual orientation.
15 points
Policy and any other internal regulations (rules, collective agreement, etc.) are acceptable.
Criterion 2
Does the anti-discrimination policy of the company include the clause on non-discrimination based on gender identity / expression? Availability of a policy of equality including strict ban of discrimination based on gender identity / self-expression.
15 points
Policy and any other internal regulations (rules, collective agreement, etc.) are acceptable.
Criterion 3
Is it possible for transgender people to be employed in your company? Trainings for HR-manager, existing procedures and policies of the company, under which the company will take into account only the skills and professional qualities of the candidate / candidates to the position in case of the differences between his / her sex and appearance stated in the passport. Providing comprehensive help and support by the company to the employee who decides to go through the change / correction of sex while working in the company.
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10 points
UCEI
Criterion 4
EVALUATION CRITERIA
Does your corporate policy include services and activities aimed at raising awareness of LGBT and combating homophobia in the workplace? Mandatory familiarization of new employees with an existing policy of equality that explicitly bans discrimination based on sexual orientation and gender identity. Periodic training of personnel on the current equality policy that explicitly bans discrimination based on sexual orientation and gender identity.
10 points
Measures include training of personnel and clarifications on how to use policy of equality during the working process Issues of equality are integrated into the process of training staff, perhaps as part of a broad discussion of other policies of companies. The company supports and helps to organize the group’s employees (internal teams), which are combined on the basis of belonging to certain vulnerable groups.
Criterion 5
Do you involve a human rights organization in the learning process or conduct these activities independently? The company involves in the learning process of the staff representatives of human rights and LGBT organizations (possibly as part of wider training program) The company organizes special training sessions/ seminars for employees on policies of equality and invites representatives of human rights and LGBT organizations to participate.
5 points
The company delegates of the HR Manager (or specialist in a similar position that is responsible for the company’s policy) to the LGBT and/or human rights organizations for training on the implementation of the equality policies.
Criterion 6
Do you include the LGBT community in marketing policy, as the target consumers of your goods and services? The company considers LGBT as a separate marketing group.
10 points
The company creates special marketing (advertising) messages targeted at the LGBT community.
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UCEI
Criterion 7
EVALUATION CRITERIA
Does your company provide financial, informational, organizational or other support to the social, cultural, human rights or other measures focused on protection the rights of LGBT community? The company supports LGBT human rights / service organizations.
15 points The company supports LGBT human rights events, campaigns, including public support of LGBT rights through public communication means (Twitter, Facebook, website or other social networks). Public or non-public funding of LGBT organizations or activities / projects that support LGBT human rights.
Criterion 8
Does your company’s policy include measures against LGBT community aiming at limit of their rights? Actions, official position, publications in the official resources containing incitement to discrimination, homophobia or hostility towards LGBT.
-5 / 5 points
Homophobic or transphobic statement of the CEO or another public person of the company.
Criterion 9
Does your company officially express its (public) position on protection of LGBT rights? The official public position of the company in support of human rights for LGBT people is posted on the official resources of the company (website, official page in social networks)
Totally
16
15 points
100 points
UKR AINIAN CORPOR ATE EQUALITY INDEX
UCEI
EVALUATION CRITERIA
Rights of women in companies
Criterion 1
What is the total number of female employees? Availability of policy of equal access to employment in the company and prohibition of discrimination on grounds of sex, which contĐľains provisions on compliance with gender balance in the company.
5 points
Policy and any other internal regulations (rules, collective agreement, etc.) are acceptable.
Criterion 2
How many women employees have higher / incomplete higher / secondary special education? The company employs men and women with complete / incomplete higher / secondary special education without exceptions. Is higher education mandatory for employing women?
10 points
The company has a policy of providing employees (both women and men) having incomplete higher or vocational education with the opportunities to get a higher education during the job. The company has a clear policy of non-discrimination in terms of education available for candidates of different sexes.
Criterion 3
How many female managers are responsible for making management and ďŹ nancial decisions? The company has the policy of equal rights and opportunities and strictly prohibits discrimination on grounds of sex which contains provisions on compliance with gender balance in appointments to key positions in the company.
15 points Policy and any other internal regulations (rules, collective agreement, etc.) are acceptable. Comparatively equal number of women and men in positions of managers responsible for making management and ďŹ nancial decisions.
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UCEI
Criterion 4
EVALUATION CRITERIA
Do women get equal wages comparing to men for the same amount of work? The company has the policy of equal rights and opportunities and strictly prohibits discrimination on grounds of sex which contains provisions on equal wages, additional / bonus payments for the same amount of work regardless of gender.
15 points
Policy and any other internal regulations (rules, collective agreement, etc.) are acceptable.
Criterion 5
Does the company provide flexible working hours for women and men? The company has the policy of equal rights and opportunities in the company and strict prohibition of discrimination on grounds of sex which contains provisions on the possibility of flexible working schedule. Availability of opportunities for women and / or men to start and finish work earlier / later than the regular working hours.
10 points
Availability of opportunities to work part-time. Availability of proportional calculation of remuneration and additional payments for job done on flexible schedule basis without illegal withdrawals or sanctions. Policy and any other internal regulations (rules, collective agreement, etc.) are acceptable.
Criterion 6
Does the corporate social policy include programs supporting the balance of «work — family responsibilities»? Availability / lack of requirements for working in extra-time, weekends, etc. due to business need. Creating the necessary conditions for combining work and family responsibilities for employees / workers including opportunities to have hot meals; to buy ready-made food; have access to household services (dry cleaning, laundry, hairdresser, etc.); the facilities for temporary care for children of preschool age, etc. as a part of infrastructure; organized transportation support for workers / employees and no restrictions for women and men to use these services. Policy and any other internal regulations (rules, collective agreement, etc.) are acceptable.
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10 points
UCEI
Criterion 7
EVALUATION CRITERIA
Does the social medical insurance of employees of the company support the reproductive health of women/men? Provision of comprehensive assistance and support for the reproductive health of employees/workers. Corporate insurance provides support for the reproductive health of women and men.
20 points
Special programs for women/men in the company to maintain their reproductive health (regular check-up, Spa treatment, preventative maintenance etc.). Policy and any other internal regulations (rules, collective agreement, etc.) are acceptable.
Criterion 8
Are there any speciďŹ ed requirements regarding age, appearance of women in the vacancy announcements? The company has the policy of equal rights and opportunities and strictly prohibits discrimination on grounds of sex including provisions regarding the template of a vacancy announcement which contains no criteria of age, gender, appearance.
-15 / 15 points
Policy and any other internal regulations (rules, collective agreement, etc.) are acceptable.
Totally
100 points
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UCEI
EVALUATION CRITERIA
Rights of the people with disabilities
Criterion 1
Does your company abide by the statutory working places norm that people with disabilities would amount for 4% of the total number of employees? The issue of employment of the people with disabilities and responsibility for default of the norm are stated by the law «On the basis of social protection of invalids in Ukraine» (hereinafter – the Law). According to Art. 19 of the Act, all enterprises, institutions and organizations and individuals that use hired labor are required to fulfill the norm for creating jobs for the people with disabilities. It is set in a 4% out of average number of staff per year, and if the company has 8 to 25 people, the rate is one workplace. Implementation of this norm is mandatory for all companies.
Criterion 2
Are there parking spaces for the people with disabilities in a distance of not more than 50 meters from the entrance to the office of your company? The people with disabilities should be provided with the parking space, which is not more than 50 meters from the entrance to the office. The place has to be marked with international symbol of accessibility.
Criterion 3
10 points
5 points
Is there an entrance lobby (an entrance to the building), physically accessible for a person with visual impairment (blind person), a man in a wheelchair in your company? Accessibility is a measure of the extent to which a product or service may be used by a people with disabilities as effectively as they are used by a man without disability. Availability of an audit accessibility questionnaire. The architectural accessibility according to DBNV.2.2-17: 2006 Accessibility of houses and buildings for people with limited mobility should be provided. Surrounding area. The main entrance (flat, firm, non-slip surface). Availability of a ramp if necessary (angle 1:12, preferably 1:20). Doors (the width of a doorway is at least 90 cm, the glass door should have marking on them and so on).
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10 points
UCEI
Criterion 4
EVALUATION CRITERIA
Is your company’s building equipped with an elevator? The elevator in the company’s premises should have specifications allowing a person in a wheelchair, blind, deaf people use it independently. (The free space in front of the elevator must amount for 3,15 x3.15; the elevator call button and inside buttons should be highlighted when they are pushed; there must be signs made with braille next to each button; width of opening doors must be 90 cm according to the standards and DBN).
Criterion 5
5 points
Does your company’s closet have a universal toilet cabin (the toilet cabin of 165 x 180 cm with 90 cm doors width, and handrails next to the toilet)? Availability of a universal cabin of 165 x 180 cm with 90 cm doors width, and handrails next to the toilet.
10 points
Sink and hand dryer are located within the access of the disables. The toilet cabin has an alarm device.
Criterion 6
Are the people with disabilities included in the marketing policy like other users / consumers? Availability of marketing policy embracing the disables on an equal basis with other users / consumers.
5 points
Policy and any other internal regulations (rules, collective agreement, etc.) are acceptable.
Criterion 7
Does the company conduct training on disability issues? Procedures and training HR-manager of the company policy determining whether a company will take into account only the skills / professional qualities of a candidate / candidates for the post if he / she is a person with disabilities include:
10 points Ethics of dialogue with the people with disabilities; Consideration of the people with disabilities; Support for the people with disabilities in emergency and the like. Policy and any other internal regulations (rules, collective agreement, etc.) are acceptable.
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UCEI
Criterion 8
EVALUATION CRITERIA
Have the right of the people with disabilities to fair and favorable conditions of work as the others do been realized? The equality policy and anti-discrimination on grounds of disability containing a mechanism of fair and favorable working conditions for employees / workers.
7 points Providing reasonable accommodation. Ensuring availability of information (providing information in accessible formats). Policy and any other internal regulations (rules, collective agreement, etc.) are acceptable.
Criterion 9
Have the right of the people with disabilities to safe and healthy conditions of work as the others do been realized? The equality policy and anti-discrimination on grounds of disability containing a mechanism of safe and healthy working conditions for employees / workers. The inclusion of the people with disabilities into health insurance programs as the others are (if any).
7 points
The inclusion of the people with disabilities into the corporate program of leisure, rest. Policy and any other internal regulations (rules, collective agreement, etc.) are acceptable.
Criterion 10 Have the right of the people with disabilities to fair and favorable conditions of work as the others do been realized? Do they have the mechanism of harassment protection and complaint satisfaction? Availability of equality policy in the company and a clear prohibition of discrimination on grounds of disability which contains a protection from harassment, and complaint satisfaction of a worker / employee. Policy and any other internal regulations (rules, collective agreement, etc.) are acceptable.
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6 points
UCEI
Criterion 11
EVALUATION CRITERIA
Are there adaptation programs for new employees (internal corporate rules of integration of a newcomer into workow)? Availability of support of the people with disabilities in the workplace during the adaptation period (if any programs for all employees). Procedures and training HR-manager of the company policy, staff training on tolerant attitude to the workers with disabilities and adaptation mechanism of one to the rhythm of work.
15 points
Policy and any other internal regulations (rules, collective agreement, etc.) are acceptable.
Criterion 12
Does the director / manager demonstrate leadership on equality policy in employment? Availability of equality policy in the company and a clear prohibition of discrimination on grounds of disability, which includes hiring procedure that takes into account only the skills / professional qualities of a candidate / candidates for the post if he / she is person with disabilities.
10 points
Policy and any other internal regulations (rules, collective agreement, etc.) are acceptable.
Totally
100 points
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UCEI
RATING OF COMPANIES PASSED THE UCEI, 2014
Rating of companies passed the Ukrainian Corporate Equality Index, 2014 This ranking contains the companies that took part in the Ukrainian Corporate Equality Index and scored more than 52 points. Since the rating index happens for the first time and lots of companies require much time to meet all the criteria and address a number of issues, it was decided that the first rating would include the companies fulfilled most of the criteria.
SPHERE
Disability
Sexual orientation and gender identity
CEI
Sex
C R I T E R I O N
Абботт Лабораторіз ГМБХ/ Abbott Laboratories GbmH
medicine
55
85
75
72
Ашан Україна/Ashan Ukraine
retail
45
95
25
58
ВОРЛД СТАФФ/World Staff
service
55
70
65
63
ЛІГА:ЗАКОН/LIGA: ZAKON
media
90
85
30
68
СОФТКОМ груп/ SOFTCOM group
IT
100
80
40
73
ТО БІЗНЕС/TO BUSINESS
IT
55
85
75
72
Фортуна Клуб/Fortuna club
service
60
55
70
62
American Medical Centers
medicine
85
85
100
90
GfK Ukraine
service
90
50
55
65
The British Council
service
100
85
75
87
NAME
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UKR AINIAN CORPOR ATE EQUALITY INDEX
UCEI
You choose where to work!
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UCEI
PARTICIPANTS OF THE UKRAINIAN CCORPORATE EQUALITY INDEX
Participants of the Ukrainian Ccorporate Equality Index
%
30
%
50
International companies
have the national capital
The headquarters of international and transnational companies are located in:
%
20
Transnational companies
26,8%
%
66,7
Countries in North America (USA, Canada)
42,9% EU countries
16,7 , %
0%
8,3%
FSU countries (except Russia)
have the unified equality policy distributed to all offices
do not have a corporate equality policy
have a corporate policy including regional peculiarities
16,7% of the participants employ more than 1,000 employees and workers
0% Russia
33,3% of the participants employ 100 to 500 employees and workers
UCEI
Work Wo rkshop p for mem mbe ers of European Bus usiness As A so soci ciat attio on
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UCEI
RATING OF COMPANIES HAVING PUBLIC EQUALITY POLICY
Rating of companies having public equality policy The list includes the companies that did not participate in the survey, but have equality / diversity policy and placed it in a public space.
NAME
28
SPHERE
Sexual orientation criterion
Sex criterion
Disability criterion
Gender identity criterion
Intel
IT
Î
P
P
Î
L'Oréal
distribution
Î
P
Î
Î
McDonalds
food industry/ service
P
P
P
Î
Microsoft
IT
P
P
Î
Î
PepsiCo
food industry
P
P
Î
Î
Samsung
IT
Î
P
Î
Î
Hewlett-Packard
IT
P
P
P
P
Amway
chemistry industry
P
P
P
P
Avon
chemistry industry
P
P
P
P
Visa
fi nance
P
P
P
P
Dupont
service
Î
P
Î
Î
Nielsen
service
Î
Î
Î
Î
John Deere
engineering
P
P
P
P
Monsanto
chemistry industry
P
P
P
P
UKR AINIAN CORPOR ATE EQUALITY INDEX
UCEI
NAME
RATING OF COMPANIES HAVING PUBLIC EQUALITY POLICY
SPHERE
Sexual orientation criterion
Sex criterion
Disability criterion
Gender identity criterion
Procter & Gamble
chemistry industry
P
P
P
P
MetLife
chemistry industry
P
P
P
P
Wrigley
food industry
P
P
P
P
Coca-Cola Company
food industry
P
P
P
P
IT
P
P
P
P
Nestle
food industry
P
P
P
Î
Philip Morris International
distribution
P
P
P
Î
Carlsberg
food industry
P
P
P
Î
KFC
food industry / service
P
P
P
P
Mars
food industry
Î
P
Î
Î
Adidas
distribution
P
P
P
P
Danon
food industry
P
P
Î
Î
Oracle
IT
P
P
P
P
KPMG
service
P
P
P
P
GAP
distribution
P
P
Î
P
Radisson
service
P
P
P
P
Dupont
service
P
P
P
Î
Leo Burnett
IT
P
P
P
P
Monsanto
distribution
Î
P
P
Î
MasterCard
IT/fi nance
Î
P
P
Î
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UCEI
STANDARDS on PROTECTION from GENDER DISCRIMINATION
Standards on protection from gender discrimination Number of women with higher education among workers:
< THAN HALF
8.3%
In
> THAN HALF HALF
25%
66.7%
25%
< THAN HALF
66.7%
HALF
> THAN HALF
Total number of female employees in the company:
8.3%
the level of salaries of both men and women 83.3% of theforcompanies, the same amount of work is similar.
75% of the companies indicate a requirement for age, sex, appearance of women in their job advertisements. 30
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STANDARDS ON PROTECTION FROM GENDER DISCRIMINATION
RE SIG NATIO NOTIC E
41.7 41 4 1. %
Inn o the of the companies, oom m w women ome menn m resign rre eesi es siiggn from frro work more fr ffrequently r qu quueent n than men.
N
33.3%
Only off th the hee ccompanies mpa pan ani have tthe support of “work “w “wo workk - ffa wo family am ly ly duties” uuttie ies ie ess”” bbalance aallaan ance ce in their ccorporate orrrp rpo porat raatt social ra socci cial iiaal al ppolicy olliiccy pr pprogram..
In
66.7%
83.3%
of the companies, employees’ social health insurance program provides support for women's reproductive health.
25%
33.3% < THAN HALF
> THAN HALF
41.7%
of the companies provide flexible working hours.
HALF
Number of female managers in charge of managerial, financial decisions: www.cei.org.ua
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STANDARDS ON PROTECTION FROM DISABILITIES DISCRIMINATION
Standards on protection from disabilities discrimination
66.7%
91.7%
of the companies include the people with disabilities together with other users / consumers in their marketing policy.
of the companies implement the right of workers with disabilities similarly to others to fair and favorable conditions of work – protection from harassment and complaint satisfaction.
25%
Only of the companies are equipped with a universal toilet room (toilet cabin 165 × 180 cm, width 90 cm doors, handrails near the toilet).
83.3%
In of the companies, the statutory norm of jobs for the people with disabilities – 4% of the total number of employees is implemented.
58.3% of the companies are equipped with a lift for the disabled.
of the companies implement the right of workers with disabilities similarly to others to safe and healthy conditions of work. of the companies have adaptation programs for new employees (internal corporate rules).
У
75%
of the companies introduced the people with disabilities into these programs.
41.7% UCEI
50%
83.3%
of the companies have an entrance lobby (entrance to the building), physically accessible for a person with visual impairment (blind people) and a man in a wheelchair.
Only
of the companies carry out training on disability issues.
of the companies implement the right of workers with disabilities similarly to others to fair and favorable conditions of work.
%
25
of the companies have dedicated parking spaces for the people with disabilities not more than 50 meters from the entrance to the office.
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Traini ning ni g for doc o to ors s and nd oth her e sta t ff of American Med edic ed ical a Ce enters
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STANDARDS ON PROTECTION FROM DISCRIMINATION ON GROUNDS OF SEXUAL ORIENTATION AND GENDER IDENTITY
Standards on Protection from discrimination on grounds of sexual orientation and gender identity
%
50
of the companies have a policy / position on the rights of LGBT people.
41% of the companies include information about prohibiting discrimination based on sexual orientation and gender identity into their educational programs.
66.7%
of the In companies included in the ranking, the policy of equality includes a prohibition of discrimination on grounds of sexual orientation and gender identity.
51%
Moreover, of companies engage human rights organizations into educational activities.
58.3%
83.3%
of the companies do not consider the LGBT community as a separate targeted group.
РЕЗ ЮМ Е
41.3% of the companies maintain that they are ready to hire a transgender person.
include or are ready to include.
41.7% of the companies are ready to support LGBT human rights activities.
None of the companies that participated in the index survey held / supported anti-LGBT events. 34
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Training session at the conference BizCamp
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FAQ: DISCRIMINATION AT WORK
FAQ: Discrimination at work Why is it important to talk about discrimination in general, and, particularly, in the workplace?
Realization of their rights and opportunities, identification of discrimination, intolerance to any form of discrimination not only raise the level of legal awareness, but also improve the quality of life. Today stereotypes regarding the roles of women and men (gender stereotypes) continue to exist in Ukraine, which is a contradictory to dynamics of development of the country as a civilized democratic society. Everyone, regardless of their signs, works to realize their intellectual abilities, physical properties, as well as for the material needs of their own and their families. The right to decent work is one of the basic human rights enshrined in the Constitution, the Labor Code and other international and national laws and international legislations. Generally, people of working age consider their work as an important part of life, and being satisfied with the conditions and results of work affects the quality of life. Discrimination in the workplace is a violation of basic human rights.
• What norms prohibit discrimination on the labor market?
• What is discrimination?
Equal employment rights are guaranteed by the Labour Code of Ukraine, discrimination is prohibited by the Law of Ukraine “On Principles of Prevention and Combating Discrimination in Ukraine”, the Law “On ensuring equal rights and opportunities for women and men”, the Law “On the basis of social protection of disabled people,” etc., but is this is enough to consider themselves protected on the job market? Research and complaints from jobseekers and workers show that discrimination in the workplace in Ukraine exists similarly to other areas of public life. Moreover, in view of recent events in the country, both “traditional” forms of discrimination in employment sphere and new ones – intrinsic to the last period of 2014-2015 years are worth being differentiated. So “usual” is discrimination against women, people with disabilities and people aged over 40 years, but recently discrimination of youth, internal migrants and multiple discrimination on the labor market are being more frequently reported.
There are many approaches to defining discrimination due to socio-cultural phenomenon, through the concept of equality and, accordingly, human rights, legal terms of national and international law, or the simpler explanation – in relation to a person. Law of Ukraine “On Principles of Prevention and Combating Discrimination” defines discrimination as “a situation in which an individual and / or group of persons by their race, color of skin, political, religious and other beliefs, gender, age, disability, ethnic and social origin, nationality, family and property status, place of residence, language or other characteristics that were, are and can be valid or implied (hereinafter – specific features),
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FAQ: DISCRIMINATION AT WORK
undergo restrictions in recognition, realization or exercise of rights and freedoms in any form prescribed by this Act, unless such a restriction has a legitimate, objectively justified goal, while methods of its achievement are appropriate and necessary”.1 This definition explains what is meant by discrimination and points to some very important aspects of this phenomenon, namely: Grounds on which discrimination occurs; The conditions under which the situation can be considered as discrimination – evidence of impaired / limited rights; The fact that a person may not actually possess some signs, but it can be ascribed to him/her (“assign a label”); Cases where restrictions of rights aren’t considered discrimination. If the legal definition is simplified a little, then a discrimination is usually understood as less favorable treatment of a person or group of persons because of their certain features.
Forms of discrimination – how to distinguish them?
The Law of Ukraine “On Principles of Prevention and Combating Discrimination in Ukraine”2 lists and defines the following forms of discrimination: Direct discrimination; Indirect discrimination; Oppression; Incitement to discrimination; Complicity in discrimination. We consider the four forms of discrimination in detail with examples from the sphere of work: Direct discrimination; Indirect discrimination; Oppression; Denial of reasonable accommodation.
1 The Law of Ukraine “On Principles of Prevention and Combating Discrimination in Ukraine” / from 06.09.2012 № 5207-VI/ [www.zakon2.rada.gov.ua/laws/show/5207-17] 2 Same source
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What is a “direct discrimination”?
FAQ: DISCRIMINATION AT WORK
Direct discrimination means a situation when a person is treated differently or worse than another person only due to a certain sign that this person has. That is, because of this certain sign, a person is considered inferior or has fewer rights. In other words, at work biased treatment is that person is not hired or not promoted through the career ladder, or even fired because of it. Example: Anna, 45 years old, has a university degree and significant experience. Six months ago, she lost her job due to bankruptcy of the company and still can not find a new job. Constantly flipping through ads, she sees such “requirements” “we are looking for employees aged 25 to 40 years”, “we employ a young and energetic guy”, etc... And when she calls to recruitment agencies, the first question is asked, “Your age?”
What is “indirect discrimination”?
Indirect discrimination is a situation where a practice, a rule or a criterion applied equally to all, affect certain people worse than others because of their protected sign. Such practices, rules or criteria, as a result, put people with certain characteristics in a less favorable position. Indirect discrimination occurs in cases where: There is a practice, rule or criterion that is applied to all equally. A uniform application puts a person with a certain sign in a less advantageous position; There are no well-grounded and legitimate reasons for the use of this general approach.
What is “oppression”?
Oppression is undesirable for people behavior when someone in relation to people behaves dismissive, insulting or makes them feel humiliated. Undesirable behavior or oppression can be manifested: orally or in written comments and images; in derogatory letters, comments on social networks; in images or photographs; by facial expression or gestures; in anecdotes.
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FAQ: DISCRIMINATION AT WORK
Oppression can be combined with physical violence. Oppression is not a one-time phenomenon in order to create a hostile atmosphere and lead to humiliation. In order to bring this situation to the court, the oppression must be systemic. This unwanted and humiliating for the person behavior should last a while. Example 1: Colleagues found out about Andrew’s homosexual orientation and began to humiliate him, to tell demeaning jokes and anecdotes, strongly forcing him feel unbearable at work and retire. Example 2: Advertisement of corporate network cafe of public catering targeted at ordinary customers (families, elderly, youth, and children) includes topless pictures of people (or body parts: tongue, breasts, and legs). The message has a sexual innuendo (eg., “move sticks aside”) that is a sexist advertising being an example of oppression.
What is a”reasonable accommodation”? What is it needed for?
Reasonable accommodation means carrying out in a particular case the necessary and appropriate modification and adjustments without imposing excessive or undue burden to ensure that people who need it can exercise their rights equally with others. Certain individuals and / or institutions, such as employers, local authorities, administration of any institution should take measures to remove barriers. This must be done to ensure that each person uses services and / or rights as the others do. Reasonable accommodation is needed to both people with disabilities and others – employees who come out to work after the maternity leave; those who undergo rehabilitation; have certain religious beliefs, dietary needs and the like. So, the reasonable accommodation for people with disabilities (eg, to ensure mobility for a person in a wheelchair) would be transference of a job to the first floor; or installing appropriate software on a computer (in case of myopia). Reasonable accommodation for workers with children breastfed is establishment of flexible hours so they can feed their babies. Also, reasonable accommodation may be remote form of work when a person works at home (development of design projects on the computer, advising on Skype, etc., the reporting is regulated by relevant conditions). For employees who practice Islam, the interval and room for daily prayer could be set rather than coffee breaks, and it takes only 10-15 minutes. Such simple things do not cost a lot for the company, but demonstrate concern for workers and respect for their work, provide them with a comfortable environment that certainly improves their productivity.
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What is considered as a discrimination based on gender sign in the workplace?
FAQ: DISCRIMINATION AT WORK
Job advertisements include such requirements as: physical appearance, age, sex, marital status, disability, physical condition, ethnicity, social status, etc., rather than applying to professional competencies required for the job. Working opportunities for women are limited in areas that are not considered acceptable for women (or “for women’s health,” it is an example of discriminatory gender occupational segregation).
Example 1: The level of gender occupational segregation in Ukraine amounted for about 39% last decade. This means that in order to balance gender representation in every profession, 39% of women or men should change their profession. For comparison, the level of occupational segregation was the highest in the UK – 44%, and the lowest – 32% – in Switzerland. The level of women’s wages is lower than men’s for performing the appropriate volume of work (a pay gap). Example 2: In 2013, the pay gap in services and manufacture ranged from 28% to 42% in Ukraine. The smallest gap in income between men and women was in the area of individual and cooperative farming. Women who have or plan to have children are forced to resign or move to another job with a lower pay, or are created conditions not acceptable to continue working in the organization (the situation is similar for men with children).
The employer forces the women to work extra time without prior arrangement and without the consent of workers (including the approval of payment for additional work). The employer requires women to provide additional services (sometimes of a personal type) – which is an example of oppression / sexual harassment, or even violence. The employer refuses to pay women social assistance, to provide an opportunity to work reduced or flexible hours in the absence of appropriate conditions for combining professional and family duties (if there are no social / health insurance conditions for daytime child care, transportation and welfare support, etc. ). Women are denied opportunities for professional development, growth, even if there is organizational capacity, and candidates have appropriate education, high qualifications, and required experience.
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Examples of discrimination in the workplace:
FAQ: DISCRIMINATION AT WORK
This is when someone is rejected for the position because of sex, either the young woman can go on maternity leave, at the same time, or the older person is “too close to retirement and poorly trained”, or someone is refused to promote because of sexual orientation. Gender, age, disability, religious belief, sexual orientation, health status, marital status, ethnic origin, etc. – all these features are protected from discrimination. These protected features should not become determining and crucial for giving a person a position or not. Only professional qualities, as appropriate education and experience should influence the fact whether people are hired or not. However, in practice it is quite different, recruiters and employers are often guided by their own understanding of the economic benefits, stereotypes and prejudices and ignore prohibition of discrimination. The situations are frequent in Ukraine when, because of their personal characteristics, a person can encounter unjustified restrictions at any stage of employment: in the first selection of candidates when seeing a person’s age, the recruiter sends a summary to the trash; during the interview when the employer “did not like” family situation; or when the company decides that hiring people with disabilities is not profitable, it’s “better to let some work books lie down in a safe at the minimum wage” because by this way you can fulfill the formal requirements of the law to employ people with disabilities; when colleagues learn about the HIV-positive status of a person and begin to insult and / or claim firing; when another colleague who has much less experience, is promoted, and somebody else is staying in the same job for years just because she is a woman. However, employers and recruiters should remember that the Ukrainian legislation prohibits such unwarranted discrimination. Simply put, if a person decides to complain of discrimination, the employer will have to prove (including in court) that the requirements are crucial to the candidate for that particular position. Since the announcement of the vacant position like “looking for young attractive girls to work in a beauty salon” is a manifestation of discrimination on two grounds – age and sex. Dismissal of a pregnant woman is gender discrimination. Refusal in promoting HIV-positive man is discrimination for health reasons. Dismissal of an employee after the coming-out (opening fact of belonging to the other gender or sexual minorities) is a discrimination based on sexual orientation. Refusal of employment of people with disabilities is discrimination on grounds of disability. Currently, this list of discrimination in the workplace is added another “new” trend in Ukraine – a denial of employment for internal migrant or “refugees from the area of ATO” as they are commonly called. Volunteers and recruiters who provide assistance to people tell hundreds of stories about how difficult it is for these people to find a job despite their professional qualities and experience, that we are dealing with a mass discrimination of people because of their status of an internal migrant. We have already quoted the Law of Ukraine “On Principles of Prevention and Combating Discrimination”, in addition to anti-discrimination in all spheres of public life, universal definition of discrimination and a list of a certain number of signs, the law provides several more useful definitions.
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What does the principle of anti-discrimination mean?
FAQ: DISCRIMINATION AT WORK
The principle of anti-discrimination suggests that: People should be treated in the similar way regardless of their individual characteristics; In some similar situations people may require special attitude because of their features; The application of general rules and regulations should not lead to negative consequences for people with certain characteristics. It can be easily illustrated with the examples: A recruiter has two candidates, the decisive factor should be qualification of people rather than gender or age – this means equal treatment, regardless of individual characteristics. The company employs people with disabilities, and making up an individual schedule for such a person means different treatment in case of necessity. The company uniform policy requires wearing certain clothes but wearing a hat isn’t included, so to allow Muslim women to wear the hijab would mean no negative effects on the general rule.
Is lack of a determination of anti-discrimination / equality policy in corporate documents considered discrimination based on sex?
Currently, it is interpreted as organizational and administrative weaknesses, also, the lack of prescribed anti-discrimination policies in corporate documents is considered neither direct discrimination nor subject to regulatory sanctions. However, existing laws require observing the anti-discrimination principle. For example, there is a requirement to respect gender equality by all employers. In particular, in terms of the choice of Ukraine directly integrating into the European socio-economic and political space, requirements and responsibility for ensuring equal rights and opportunities for everyone, regardless of their characteristics, educating “zero” tolerance for discrimination and the use of effective tools to prevent discrimination are becoming priority.
Why your company need anti-discrimination policy – issues for further reflection, debate and practical implementations.
Ukraine is a part of the world and European space and should try to adapt to the business standards of developed countries. Adherence to the principle of anti-discrimination formulates the modern, European, legal image of the company. As special studies proved, companies that have a policy of equality / antidiscrimination can much easier attract young, progressive and creative workers. Protection against discrimination increases the loyalty of employees to the company. The feeling of security is one of the main keys to productive employee.
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What can a company, organization or institution do, if it’s decided to adhere to the anti-discrimination principle?
FAQ: DISCRIMINATION AT WORK
There are few very simple steps that some companies mentioned in this publication have already made. You also can follow them, and we’ll describe your positive experience next year. After all, social sensitivity and anti-discrimination policies in corporate business are an integral part of modern, economic, socio-political, democratic development, in a corporate sector as well. So you are welcomed to study modern techniques in the field of employment. To do this, you should: Develop and adopt a policy of non-discrimination; Train your employees to comply with the principle of anti-discrimination; Do not discriminate in hiring; To avoid oppression in your work; Create new jobs for people with disabilities; Provide opportunities for employees combining professional and family responsibilities; Support (through appropriate measures) health, adequate performance, professional and personal development of workers and employees; Hiring for work, encourage diversity.
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NOTES
Notes
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www.irf.ua
www.antidi.org.ua
www.wcu-network.org.ua
www.naiu.org.ua