UKRAI N IAN CORPORATE EQUALITY INDEX

UKRAIN IANCORPORATEEQUALITY

INDEX

CEI2014_Fulcrum_Cover_Eng.ai 1 03.09.15 16:13

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.


CONTENTSIntroduction

Acknowledgements

Equality policies evaluation methodology

British Council Ukraine is a participant of the UCEI 2014

Participation in Ukrainian Corporate Equality Index —

an advantage for companies

Evaluation Criteria

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

2

3

4

8

10

12

12

15

18

22

26

34

www.cei.org.ua

UCEI

Introduction

You are holding the fi rst 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.

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 effi ciency of personnel and attract new employees.

I sincerely thank all the private companies that agreed to participate in the

fi rst 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 fi nd

European partners for whom these standards are important.

We believe that in a year we have made signifi cant 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

”...overcome

discrimination in the

workplace on any of

the signs...

INTRODUCTION

UKRAINIAN CORPORATE EQUALITY INDEX 4

UCEI

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.

ACKNOWLEDGEMENTS

www.cei.org.ua 5

UCEI

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 fi rst block contains issues on general information about the company,

number of employees, the origin of capital (if the company is Ukrainian, interna-

tional 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-discrimi-

nation 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 imple-

mentation of the principles of universal design.

The fourth one concerns protection from discrimination based on sexual orienta-

tion 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 defi nite number of points

depending on the priority of specifi c criteria (for details, see “Criteria Index”).

The fi nal evaluation is the total number of points for each group divided by the

number of groups.

EQUALITY POLICIES EVALUATION METHODOLOGY


UCEI

Companies that scored more than 52 points on average for all three blocks

can be published on the offi cial 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, oper-

ating 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 stan-

dards 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).

EQUALITY POLICIES EVALUATION METHODOLOGY

www.cei.org.ua 7

UCEI

Directive 2000/78/ЄС:

Employer’s obligation to create conditions

without: direct discrimination, indirect discrimination and oppression;

Employer’s obligation to provide reasonable

accommodation;

Employer’s obligation to provide shifting burden proof

EU Council’s directive № 2004/113/ЄС: Employer’s obligation is to create equal social and economic conditions for both men and women; To avoid bias towards men and women at a working place;

To adhere to the principle of equal attitude towards men and women at employment sphere.

The Law of Ukraine "On Principles

of Prevention and Combating

Discrimination in Ukraine",

in particular, concerns:

Prohibition of discrimination in hiring,

promotion, dismissal, benefits,

bonuses and payments.

Criteria of professional organizations: Cooperation with civil organizations; Diversity support in a working team; Prevention of oppression and sexual harassment in the workplace; Regular staff training on preventing and combating discrimination; Public anti-discrimination policy.

lCriteria of professi

PRIVATE COMPANIES

Equality policy frameworks

EQUALITY POLICY FRAMEWORKS


UCEI

EQUALITY POLICY FRAMEWORKS

www.cei.org.ua 9

UCEI

TTrTraiaiaiaia nininn ngng for members of European Business Association

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.

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 candi-

dates 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.

”Equality politics

is universal


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 fi rst month. Since the foundation of

the British Council, certainly every employee gets new skills, such as: communi-

cation 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 coopera-

tion 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.

www.cei.org.ua 11

UCEI BRITISH COUNCIL UKRAINE IS A PARTICIPANT OF THE UCEI 2014

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.

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 fulfi ll the obligations on

preventing and combating discrimination in the workplace, but also to become

more attractive and fl exible both on the labor market and for specifi c groups of

consumers.

Launching the fi rst 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.

”willingness of

businesses to

improve and

respect human

rights


UCEI PARTICIPATION IN THE UCEI — AN ADVANTAGE FOR COMPANIES

EQUALITYPOLIC I E

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

to create safe environment in a team which results in increase of workers' loyalty to their company and labour productivity

to enter new marketing groups and communities if your brand is associated with the European policy and values

COMPANY

Advantages to launch corporate equality policies

ADVANTAGES TO LAUNCH CORPORATE EQUALITY POLICIES

www.cei.org.ua 13

UCEI

Evaluation CriteriaDiscrimination 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.

Policy and any other internal regulations (rules, collective agreement, etc.) are acceptable.

15 points

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

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.

10 points

EVALUATION CRITERIA


UCEI

Criterion 4 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.

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.

10 points

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.

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.

5 points

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.

The company creates special marketing (advertising) messages targeted at the LGBT community.

10 points

EVALUATION CRITERIA

www.cei.org.ua 15

UCEI

Criterion 7 Does your company provide fi nancial, 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.

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.

15 points

Criterion 8 Does your company’s policy include measures against

LGBT community aiming at limit of their rights?

Actions, offi cial position, publications in the offi cial resources containing incitement to discrimination, homophobia or hostility towards LGBT.

Homophobic or transphobic statement of the CEO or another public person of the company.

-5 / 5 points

Criterion 9 Does your company offi cially 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)

15 points

Totally 100 points

EVALUATION CRITERIA


UCEI

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 contеains provisions on compliance with gender balance in the company.


5 points

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?

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.

10 points

Criterion 3 How many female managers are responsible for making

management and fi 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.


Comparatively equal number of women and men in positions of managers responsible for making management and fi nancial decisions.

15 points

Rights of women in companies

EVALUATION CRITERIA

www.cei.org.ua 17

UCEI

Criterion 4 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

Criterion 5 Does the company provide fl exible 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 fl exible working schedule.

Availability of opportunities for women and / or men to start and fi nish work earlier / later than the regular working hours.

Availability of opportunities to work part-time.

Availability of proportional calculation of remuneration and additional payments for job done on fl exible schedule basis without illegal withdrawals or sanctions.


10 points

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.


10 points

EVALUATION CRITERIA


UCEI

Criterion 7 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.

Special programs for women/men in the company to maintain their reproductive health (regular check-up, Spa treatment, preventative maintenance etc.).


20 points

Criterion 8 Are there any specifi 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

Totally 100 points

EVALUATION CRITERIA

www.cei.org.ua 19

UCEI

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 fulfi ll 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.

10 points

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 offi ce 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 offi ce. The place has to be marked with international symbol of accessibility.

5 points

Criterion 3 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 (fl at, fi rm, 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).

10 points

EVALUATION CRITERIA


UCEI

Criterion 4 Is your company’s building equipped with an elevator?

The elevator in the company’s premises should have specifi cations 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).

5 points

Criterion 5 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.

Sink and hand dryer are located within the access of the disables.

The toilet cabin has an alarm device.

10 points

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

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:

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.


10 points

EVALUATION CRITERIA

www.cei.org.ua 21

UCEI

Criterion 8 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.

Providing reasonable accommodation.

Ensuring availability of information (providing information in accessible formats).


7 points

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).

The inclusion of the people with disabilities into the corporate program of leisure, rest.


7 points

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.


6 points

EVALUATION CRITERIA


UCEI

Criterion 11 Are there adaptation programs for new employees

(internal corporate rules of integration of a newcomer

into workfl 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

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

Totally 100 points

EVALUATION CRITERIA

www.cei.org.ua 23

UCEI

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 fi rst time and lots of companies require much time to meet all the criteria

and address a number of issues, it was decided that the fi rst rating would

include the companies fulfi lled most of the criteria.

C R I T E R I O N

NAME SPHERE Se

x

Dis

ab

ilit

y

Se

xu

al

ori

en

tati

on

an

d g

en

de

r

ide

nti

ty

CEI

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


UCEI RATING OF COMPANIES PASSED THE UCEI, 2014

You choosewhere to work!

www.cei.org.ua 25

UCEI

50%

have the national capital

30%

International companies

20%

Transnational companies

26,8%

Countries in North America

(USA, Canada)

42,9%

EU countries

0%

FSU countries (except Russia)

0%

Russia

The headquarters of international and transnational

companies are located in:

66,7%

16,7, %

8,3%

have the unified equality policy

distributed to all offices

have a corporate policy including regional peculiarities

do not have a

corporate equality policy

of the participants

employ 100 to 500 employees

and workers

33,3%

16,7%

of the participants employ more than 1,000 employees and workers

Participants of theUkrainian Ccorporate Equality Index

PARTICIPANTS OF THE UKRAINIAN CCORPORATE EQUALITY INDEXUCEI

www.cei.org.ua 27

UCEI

WoWorkrkshopp ffor mmemmbeersrs of European Bususiness AsA sosociciatattioioioioonnn

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 SPHERE

Sexual

orientation

criterion

Sex

criterion

Disability

criterion

Gender

identity

criterion

Intel IT Î P P Î

L'Oréal distribution Î P Î Î

McDonaldsfood 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

RATING OF COMPANIES HAVING PUBLIC EQUALITY POLICY


UCEI

NAME 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

Google 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

KFCfood 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

RATING OF COMPANIES HAVING PUBLIC EQUALITY POLICY

www.cei.org.ua 29

UCEI

of the companies, the level of salaries of both men and women for the same amount of work is similar.

66.7% 66.7%

25%

8.3%

25%

8.3%

Total number of female employees in the company:

Number of women with higher education

among workers:

>TH

AN

HA

LF<

THA

NH

ALF

HA

LF

>TH

AN

HA

LF

< TH

AN

HA

LFH

ALF

of the companies indicate a requirement for age, sex,

appearance of women in their job advertisements.

75%

ШУКАЄМО

ПРАЦІВНИКААБО

ПРАЦІВНИЦЮ

83.3%In

Standards on protection from gender discrimination

30

UCEI STANDARDS on PROTECTION from GENDER DISCRIMINATION

of the companies, employees’ social health insurance program provides support for women's reproductive health.

66.7%In

of the companies

provide flexible working hours.

83.3%

of the companies, womentth omomhhh ooof e oh mehttofooooo o m nmenm nmemwwwwworesign from work more iggrereessisesesi nese i nesrr i fffrog frrsfrequently than men.ff qfffff qqu ntquqqur eeueeneu

of the companies have the support ofc tmpaanef phehe iith nanpp“work - family duties” balance in their k rkrkk akrk a“wwo“wwwwow“wowoo faff lmf mmm yylyym ut s” b” a”” abu iestieieieess laala cana nann eceen

corporate social policy program.orpoorc rporc rrpr ratr tatrrao aratra cial icolpiaciia icl al olpl l cli il ylssoooocs cs cc y prpy pc piial pr .

41.74144 .411144444444444114111114411111444 %%%%

33.3%%Only

In nnInInIn 4444

Number of female managers in charge of managerial, financial decisions:

41.7%

33.3%

25%

HALF

< T

HA

N H

ALF

> T

HA

N H

ALF

RESIGNATION

NOTICE

STANDARDS ON PROTECTION FROM GENDER DISCRIMINATION

www.cei.org.ua 31

UCEI

25%of the companies have dedicated parking spaces for the people with disabilities not more than 50 meters from the entrance to the office.

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

50%

66.7% 91.7%

75%

83.3%

41.7%

of the companies, the statutory norm of jobs for the people with disabilities – 4% of the total number of employees is

implemented.

of the companies carry out training on

disability issues.

У

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.

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).

of the companies introduced the people with disabilities into these programs.

of the companies include the people with disabilities together with other users / consumers in

their marketing policy.

of the companies

are equipped with a lift for the disabled.

58.3%

of the companies are equipped with a universal toilet room (toilet cabin 165 × 180 cm,

width 90 cm doors, handrails near the toilet).

Only 25%

83.3%

of the companies implement the right of workers with disabilities similarly

to others to fair and favorable conditions of work.work.

In

U C E I

Standards on protection from disabilities discrimination

STANDARDS ON PROTECTION FROM DISABILITIES DISCRIMINATIONUCEI

www.cei.org.ua 33

UCEI

Trainiiinininin ngngngngngg ffffffooroo ddddddococococoo tototooototoorsrsrss aaandnndndn othhereree ssstatat ffff of American Medededededicicala Ceeeene ters

of the companies included

in the ranking, the policy of equality

includes a prohibition of discrimination on grounds

of sexual orientation and gender identity.

In 66.7%

РЕЗЮМЕ

of the companies maintain that they

are ready to hire a transgender person.

of the companies include information about prohibiting discrimination based on sexual orientation and gender identity into their educational programs.

Moreover, of companies engage human rights organizations into educational activities.

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.

of the companies have a policy / position on the rights of LGBT people.

83.3%

41%

51%

50%

41.7%

of the companies do not consider the LGBT community as a separate targeted group.

include or are ready to include.

58.3%

41.3%

Standards on Protection from discrimination on grounds of sexual orientation and gender identity

34

UCEI STANDARDS ON PROTECTION FROM DISCRIMINATION ON GROUNDS OF

SEXUAL ORIENTATION AND GENDER IDENTITY

www.cei.org.ua 35

UCEI

Training session at the conference BizCamp

FAQ: Discrimination at work

Realization of their rights and opportunities, identifi cation 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 satisfi ed with the conditions and

results of work affects the quality of life. Discrimination in the workplace is a

violation of basic human rights.

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 defi ning 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”

defi nes 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 – specifi c features),

Why is it important

to talk about

discrimination

in general, and,

particularly, in the

workplace?

• What norms prohibit

discrimination on the

labor market?

• What is

discrimination?

FAQ: DISCRIMINATION AT WORK


UCEI

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 justifi ed goal, while methods of its achievement are

appropriate and necessary”.1

This defi nition 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 defi nition is simplifi ed a little, then a discrimination is usually

understood as less favorable treatment of a person or group of persons

because of their certain features.

The Law of Ukraine “On Principles of Prevention and Combating Discrimination

in Ukraine”2 lists and defi nes 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

Forms of

discrimination – how

to distinguish them?


www.cei.org.ua 37

UCEI

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 fi red because of it.

Example: Anna, 45 years old, has a university degree and signifi cant experi-

ence. Six months ago, she lost her job due to bankruptcy of the company and

still can not fi nd a new job. Constantly fl ipping 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 fi rst question is asked, “Your age?”

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.

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.

What is a “direct

discrimination”?

What is “indirect

discrimination”?

What is

“oppression”?



UCEI

Oppression can be combined with physical violence.

Oppression is not a one-time phenomenon in order to create a hostile atmo-

sphere 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 mes-

sage has a sexual innuendo (eg., “move sticks aside”) that is a sexist advertising

being an example of oppression.

Reasonable accommodation means carrying out in a particular case the neces-

sary and appropriate modifi cation 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

fi rst fl oor; or installing appropriate software on a computer (in case of myopia).

Reasonable accommodation for workers with children breastfed is establishment

of fl exible 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.

What is a”reasonable

accommodation”?

What is it needed for?


www.cei.org.ua 39

UCEI

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 con-

tinue 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 fl exible hours in the absence of appropriate conditions for

combining professional and family duties (if there are no social / health insur-

ance 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

qualifi cations, and required experience.

What is considered as

a discrimination based

on gender sign in the

workplace?



UCEI

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

infl uence 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 benefi ts, stereotypes and prejudices and

ignore prohibition of discrimination.

The situations are frequent in Ukraine when, because of their personal

characteristics, a person can encounter unjustifi ed restrictions at any stage

of employment: in the fi rst 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 profi table, it’s “better to let some

work books lie down in a safe at the minimum wage” because by this way

you can fulfi ll 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 fi ring; 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 legisla-

tion 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 diffi cult it is for these people to fi nd 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 defi nition of discrimination and a list of a certain number of

signs, the law provides several more useful defi nitions.

Examples of

discrimination in the

workplace:


www.cei.org.ua 41

UCEI

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 qualifi cation 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.

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.

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 / anti-

discrimination 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.

What does

the principle of

anti-discrimination

mean?

Is lack of a

determination of

anti-discrimination

/ equality policy in

corporate documents

considered

discrimination based

on sex?

Why your

company need

anti-discrimination

policy – issues for

further refl ection,

debate and practical

implementations.



UCEI

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 fi eld 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.

What can a company,

organization or

institution do, if it’s

decided to adhere to

the anti-discrimination

principle?


www.cei.org.ua 43

UCEI

Notes

NOTES


UCEI

www.irf.ua

www.antidi.org.ua

www.wcu-network.org.ua

www.naiu.org.ua


UKRAI N IAN CORPORATE EQUALITY INDEX

Documents

Transcript of UKRAI N IAN CORPORATE EQUALITY INDEX