d. Discrimination with Respect to Employment and Occupation
The law does not prohibit discrimination based on sexual orientation, HIV status, gender identity, or disability. Although the country placed a general ban on discrimination, the government did not effectively enforce the law.
Discrimination based on gender in compensation, professional training, hiring, and dismissal was common. Employers often preferred to hire men to save on maternity and child-care costs and to avoid the perceived unreliability associated with women with small children. Such discrimination was often very difficult to prove, although NGOs reported several successful lawsuits in St. Petersburg against companies for wrongful termination of women on maternity leave.
A 2013 law prohibits employer discrimination in posting job vacancy information. It also prohibits employers from requesting workers with specific gender, race, nationality, address registration, age, and other factors unrelated to personal skills and competencies. Notwithstanding the law, vacancy announcements sometimes specified gender and age requirements, and some also specified a desired physical appearance.
According to the Center for Social and Labor Rights, courts often ruled in favor of employees filing complaints, but the sums awarded were inconsequential. Many employees preferred not to spend the money and time to take legal action.
The labor code restricts women’s employment in jobs with “harmful or dangerous conditions or work underground, except in nonphysical jobs or sanitary and consumer services,” and forbids women’s employment in “manual handling of bulk weights that exceed the limits set for their handling.”
The labor code includes hundreds of tasks prohibited for women and includes restrictions on women’s employment in mining, manufacturing, and construction. The World Economic Forum’s publication, The Global Gender Gap Report 2015, based on the country’s annual statistics report, documented a widespread gender pay gap and noted that, while women were close to parity in senior business roles, women predominated in low-paying jobs in education, the health-care industry, and low-level sales positions. On average women earned 72.6 percent of salaries for men, notwithstanding that 85 percent of women had completed some form of higher education compared with 68 percent of men.
The law requires applicants to undergo mandatory medical screenings when entering into a labor agreement or when enrolling at educational institutions. The medical commission can restrict or prohibit access to jobs and secondary or higher education if they find signs of physical or mental issues. Persons with disabilities were subject to employment discrimination. Companies with 35 to 100 employees have an employment quota of 1 to 3 percent for persons with disabilities, while those with more than 100 employees have a 2- to 4-percent quota. Some local authorities and private employers continued to discourage persons with disabilities from working. Inadequate workplace access for persons with disabilities limited their work opportunities.
Many migrants regularly faced discrimination and hazardous or exploitative working conditions. Union organizers faced employment discrimination, limits on workplace access, and pressure to give up their union membership.
Employment discrimination based on sexual orientation and gender identity was a problem, especially in the public sector and education. Employers fired LGBTI persons for their sexual orientation, gender identity, or public activism in support of LGBTI rights. If they expected to be fired, some LGBTI persons chose to resign preemptively to avoid having their future prospects hindered by a dismissal on their resumes. Primary and secondary school teachers were often the targets of such pressure due to the law’s focus on so-called propaganda targeted at minors (see section 6, Acts of Violence, Discrimination, and Other Abuses Based on Sexual Orientation and Gender Identity).
Persons with HIV/AIDS were prohibited from working in some areas of medical research and medicine.
In September, as part of broader pension reform, amendments to the criminal code were adopted to establish criminal liability for employers who dismiss workers due to approaching pension age.