Since 2022, important changes have taken place in Ukraine regarding discrimination in job advertisements and the control over the content of such ads. These changes directly affect employers who post vacancies on job search portals, social media, or their own resources.
What job postings are considered discriminatory?
Ukrainian legislation prohibits posting job advertisements with requirements that restrict or give preference to certain categories of persons based on characteristics not related to the nature and conditions of work. In particular, it is prohibited to establish restrictions or preferences based on:
- article or age;
- race, skin color;
- due to health status or disability;
- sexual orientation or HIV status;
- political or religious beliefs;
- ethnic or social origin;
- place of residence;
- property status;
- other non-work-related signs.
This rule applies to all job posting platforms (specialized job search websites, social media, print media).
Exceptions are possible only in cases where the specifics of the work objectively require certain physical characteristics, for example, work that by definition can only be performed by persons of a certain sex.
A prime example of a «discriminatory» vacancy is an ad, information about which was posted on one of the social networks. The employer wrote that they «We were looking for an administrator. The requirements are minimal. A girl, up to 25 years old, with knowledge of English. She must be punctual and have a charismatic appearance. Not a provincial girl!» and complained about how hard it is to find a candidate who meets these requirements. As we can see, this job posting contains several discriminatory criteria at once.
Another example of discrimination could be stating in a job vacancy that they are looking for a candidate «with perfect health», «without bad habits» or «candidates residing outside the city are not considered». Even the phrase «young team» may be construed as a hint that candidates of only a certain age are being sought.
Who has the right to control compliance with the requirements of anti-discrimination legislation when posting job advertisements?
Previously, compliance with the requirements for non-discriminatory vacancies was monitored by the State Service of Ukraine on Labor (State Labor Service). However, starting from May 2025, these powers have been transferred to the State Service of Ukraine on Food Safety and Consumer Protection (State Prodspживслужба) in accordance with amendments made to the legislation on the delimitation of powers of central executive authorities. This means that specifically The State Production and Consumer Service monitors job vacancy announcements, identifies discriminatory wording, and has the authority to hold violators liable in the event of violations..
Note.Although control powers have been transferred to the State Food and Consumer Service, they still formally «Of the procedure for advertisers to pay fines to the state budget for violations of the requirements of the Law of Ukraine “On Advertising” regarding the advertising of employment services», contains a reference to the State Labor Service as the body that imposes fines. Such regulatory inconsistency may create confusion when appealing decisions. At the same time, part 4 of Article 24-1 of the Law of Ukraine «On Advertising,» following the amendments, explicitly stipulates that fines are imposed by the State Prodpotrebservice as the central executive authority in the field of consumer rights protection.
What is the penalty if signs of discrimination are found in a job advertisement?
According to Article 24-1 of the Law of Ukraine «On Advertising», for placing a discriminatory job advertisement, the advertiser (i.e., the person placing such an advertisement) is subject to a fine in the amount of ten minimum wages established at the time the violation was detected. As of January 2026, the fine is UAH 86,470.00 per listing.
Regarding the procedure for detecting violations and bringing to justice
The procedure for monitoring compliance with advertising legislation, the algorithm, and other issues of imposing a fine are defined in:
- Art. 26 of the Law of Ukraine «On Advertising»;
- Procedure for imposing fines for violations of advertising legislation (CMU Resolution No. 693 of May 26, 2004);
- Procedure for advertisers to pay fines to the state budget for violating requirements Of the Law of Ukraine «On Advertising» regarding the advertising of employment services (CMU Resolution No. 863 of August 5, 2022).
Appropriate the procedure consists of the following steps:
- Violation detection. Authorized officials of the State Prodspivsluzhba (including its territorial bodies) record violations of advertising legislation regarding the presence of discriminatory requirements in a job vacancy announcement. A violation can be detected both through monitoring and upon a complaint by any person.
- Preparation of case materials.A protocol on an administrative offense is being drawn up.
- Request for information.The State Production and Consumer Service may request documents and explanations from the advertiser or distributor regarding the violation. The complainant/advertiser may provide documents, oral, or written explanations.
- Administrative proceedings.The authorized official examines the violation case, reviews all materials, and makes a decision on the presence or absence of a violation.
- Adoption of the resolution on the imposition of a fine. If the violation is confirmed, a resolution is issued to impose a fine on the offender.
- Acquaintance of the parties.The decision (resolution) is served to the offender.
- Appeal.If the employer (or another violator) disagrees with the decision to impose a fine, they have the right to appeal it in the manner established by law (through administrative channels or in court).
- Execution of the resolution. If the decision has entered into legal force and has not been appealed, or if the appeal process has concluded in favor of the controlling authority, the fine must be paid within 15 days from the date of delivery or receipt by mail (via registered letter) of the relevant document. If the fine is not paid voluntarily, it will be collected forcibly through the state enforcement service bodies.
Moratorium on inspections and the position of the Supreme Court
During martial law in Ukraine, general restrictions on business inspections (a moratorium on scheduled inspections) are in effect. At the same procedure, the Supreme Court of Ukraine in its ruling dated April 7, 2025, stated that the moratorium on inspections does not apply to the procedures for imposing fines for discrimination in advertising (under the special law—the Law of Ukraine «On Advertising»). This means that regulatory authorities can conduct such inspections and impose sanctions even while the moratorium is in effect.
Practical tips for employers and HR professionals
Avoid discriminatory language in any advertisements:
- do not specify age/gender unless unjustified;
- do not use restrictions based on characteristics unrelated to work;
- describe the working conditions, competency and qualification requirements;
- use clear phrasing regarding salary and working conditions.
Adapt internal standards to the requirements of the legislation, especially if your organization has many active job postings. Inform your recruitment specialists that a «creative job description» with discriminatory features can cost the company 86 thousand hryvnias.
Source: budni.robota.ua
