Annotation

The article examines the issue of assessing the proportionality of restrictions on the rights and freedoms of an employee in connection with discriminatory grounds in labor legislation. Some legal positions of the Constitutional Court of the Russian Federation on the proportionality of restrictions on the rights and freedoms of an employee in connection with a discriminatory ground are analyzed. It is revealed that the Constitutional Court of the Russian Federation is guided, as a rule, by the existence/absence of a legitimate goal of restriction and a balance of interests of the parties. It is proposed to use a proportionality test as a methodology for examining such complaints, since this test assumes a well-defined and understandable structure that facilitates the formulation of a more objective justification of the legal position.