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A St. Petersburg Homosexual Upheld his Right in Court to Work as a Train Conductor

 

26/09/2005. A 30-year old resident of St. Petersburg upheld his right to take courses to become a conductor at Oktyabersky Railways. The man was, on first try, rejected because of a remark in his military record concerning a "mental illness," which was based on his homosexuality. The lawyer for the plaintiff, Dmitry Bartenyev, said that on September 20th, the district court of St. Petersburg declared the decision of doctors, concerning the professional unfitness of the man for work as a conductor, as illegal.

As far back as 1992, the man was given the diagnosis based on his homosexual orientation, which was considered a mental illness in Soviet psychiatry.

In 2003, the man turned to the polyclinic of Oktyabersky Railways in order to receive a medical resolution, which would allow him to take courses to become a conductor, but he was refused.

This is already not the first ruling that has been found to be illegal when a worker has been fired because of his or her sexual orientation.

On December 28, 2004 judicial proceedings were held concerning a lesbian from the city of Yaroslavl. She was fired from her job as an educator at a kindergarten with the official reason being stated as "health problems."

The court ruled that the dismissal of Elena Korneva was illegal and restored her to her former position. Therefore, by decision of the court, sexual orientation cannot be considered an obstacle for obtaining work in an educational institution.

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