Discrimination on the Basis of Educational Institution in Employment: Specific Legal Problems

Abstract

The purpose of this article is to provide a legal assessment of the establishment by employers of the requirements for training in a certain educational organization when applying for a job. However, the requirement to have a diploma from a particular university is ill-founded and, of course, should be considered as discrimination prohibited by administrative (Article 5.62 of the Administrative Code of the Russian Federation) and criminal (Article 136 of the Criminal Code of the Russian Federation) legislation of Russia. This discrimination should be attributed to violations of the equality of citizens based on belonging to social groups – those who do not have or do not receive education at a particular educational institution. Despite numerous comments on the dispositions of Articles 136 of the Criminal Code of the Russian Federation and Article 5.62 of the Administrative Code of the Russian Federation due to the “vagueness of wording”, their provisions can be applied in practice correctly and effectively: responsibility for discrimination, including on the basis of an educational institution, should occur in violation of a person’s right or legitimate interest, regardless of the consequences that have occurred.