Equal opportunities

What is discrimination?

Discrimination is considered to be unfavourable treatment of a person because of their sex, age, religion, ethnicity or any other characteristic of the person’s identity. Discrimination does not mean each and every case of unequal or less favourable treatment of a person. Sometimes different or less favourable treatment may be justified. Similarly, not every mistreatment of a person will be regarded as discrimination.

Who is subject to gender equality and non-discrimination provisions?
The provisions related to the principles of gender equality and non-discrimination, as stipulated in the Labour Code of the Republic of Lithuania (hereinafter referred to as the ‘LC’), the Law of the Republic of Lithuania on Equal Treatment (hereinafter referred to as the ‘Law on Equal Treatment’) and the Law of the Republic of Lithuania on Equal Opportunities for Women and Men (hereinafter referred to as the ‘Law on Equal Opportunities for Women and Men’), apply to all employers irrespective of the number of employees.

Legislation on equal opportunities
The duty to ensure equal opportunities is enshrined in a number of international treaties. Article 23 of the Charter of Fundamental Rights of the European Union stipulates that equality between women and men must be ensured in all areas, including employment, work and pay. The United Nations legal framework also attaches great importance to equal opportunities; thus, Article 1 of the Universal Declaration of Human Rights stipulates that all human beings are born free and equal in dignity and rights. Relevant and subsequent international treaties include the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, the International Convention on the Elimination of All Forms of Racial Discrimination, the United Nations Convention on the Rights of Persons with Disabilities, and the United Nations Convention on the Elimination of All Forms of Discrimination against Women.

Importantly, Article 29 of the Constitution of the Republic of Lithuania stipulates that all persons are equal before the law, courts, and other state institutions and officials. Human rights may not be restricted; no one may be granted any privileges on the grounds of gender, race, nationality, language, origin, social status, belief, convictions, or views .

Regulation of equal opportunities in the legal relationships of employment
In addition to being prohibited from engaging in any direct or indirect discrimination on grounds of sex and due to other circumstances unrelated to the employees’ professional qualities or on other statutory grounds, in harassment or in sexual harassment, an employer must also actively take specific steps to prevent such situations from occurring at the workplace.
The LC provides that employers having fifty or more employees must put in place an equal opportunities policy within the organisation. The equal opportunities policy and the measures for its implementation and supervision of its implementation must be made available for all employees to become acquainted with. The provisions of labour law regulating the principles of gender equality and non-discrimination apply to any employment relationship between the employer and employees. These principles apply to all current and potential employees/candidates for jobs. They apply irrespective of the type of an employment contract concluded with an employee.

Forms of discrimination
Discrimination is divided into the following forms:

Direct discrimination is considered to be a situation where one person is treated less favourably on grounds of their sex, age, disability, nationality and other characteristics of the person’s identity than any other person is, was or would be treated in the same circumstances against another person who does not possess such a characteristic. For example, a job advertisement indicates that a specific job position can only be filled by a person of a specific sex or recruitment of a woman raising children is refused because she is likely to be absent from work on a frequent basis, will avail of certificates of incapacity for work because children will fall ill and therefore the employer will be forced to shift her workload to other employees.

Indirect discrimination is an apparently neutral rule, provision or practice whose application or implementation results, or may result, in an actually less favourable situation for a person because of a characteristic of their identity (sex, age, disability or others) compared to other persons who do not possess such a characteristic. For example, IT professionals men and women are paid a bonus, whereas the IT department only employs men. Such a case could be considered as indirect discrimination.
Harassment means unwanted conduct related to the sex of a person that occurs with the purpose or effect of violating the dignity of the person and of creating an intimidating, hostile, humiliating or offensive environment.
Sexual harassment means any form of unwanted and offensive verbal, written or physical conduct of a sexual nature directed against a person that occurs with the purpose or effect of violating the dignity of the person, in particular when creating an intimidating, hostile or humiliating environment.
Instruction to discriminate means a situation where one person instructs another to discriminate against a third person on grounds of sex, race, nationality, citizenship, language, origin, social status, belief, convictions or views, age, sexual orientation, disability, ethnic origin or religion. For example, the manager prohibits the human resources department to recruit women over the age of fifty or requires to recruit only young women.

In addition to the forms of discrimination listed above, persecution, which is understood as mistreatment or denial of certain rights because a person complains about discrimination, is also considered to be a violation of equal opportunities. An employee who has been subjected to discrimination, or any other person who is aware of discrimination, may suffer more harm if they are subjected to any sanctions from the employer as a result of the complaint, therefore such actions are prohibited and considered as a violation of equal opportunities. For example, if a person is dismissed because they filed a complaint regarding discrimination against the employer, this would amount to persecution. Persecution also occurs when, for example, a different working time check is applied, no leave is granted, reports of completed work are requested, etc., i.e. when carrying out actions that were not applied before the complaint was filed and/or are not applied to other employees. However, this does not mean that each and every conduct unwanted by a person amounts to persecution. An action is allowed if it is not related to the discrimination complaint. For example, an employee who previously complained of discrimination is dismissed because they had committed a serious breach of duty.

Failure to provide appropriate conditions and to adapt the surroundings to people with disabilities is also considered to be discrimination; employers must put in place necessary and appropriate changes and adaptations that do not impose a disproportionate or undue burden. This includes adaptation of not only premises, but also of various other conditions, including access to information.

Obligations of the employer to respect labour law provisions (Article 26 of the LC) and to implement equal treatment in the workplace (Article 7 of the Law on Equal Treatment)

It is important to note that the employer has a duty to implement the principles of gender equality and non-discrimination on other grounds and to fulfil the following obligations:

apply equal selection criteria and conditions when hiring employees;
provide equal working conditions, access to improvement of qualifications, vocational training, retraining, acquiring practical work experience, as well as provide equal advantages;
apply equal work evaluation criteria and equal criteria for dismissal from work;
pay the same remuneration for the same work or for work of the same value;
take measures to ensure that an employee at the workplace is not subjected to harassment, sexual harassment and instructions to discriminate, also to prevent persecution and to protect from adverse treatment or adverse consequences if the employee files a complaint about discrimination or participates in discrimination proceedings;
take appropriate measures for conditions to be created for people with disabilities to get a job, work, pursue a career or learn, including the provision of appropriate working conditions, provided that the duties of the employer are not disproportionately burdened by said measures;
take measures to prevent persecution of employees, civil servants who file a complaint concerning discrimination, participate in discrimination proceedings or report discrimination, their representatives or any persons who give evidence or provide clarifications regarding discrimination and to protect them from adverse treatment or adverse consequences;
take measures to ensure that an employee or a civil servant is not subjected to discrimination in the workplace on the grounds of granting of paternity leave, childcare leave, unpaid leave for nursing or caring for a sick family member or a person living with the employee or the civil servant or establishment of flexible working-time arrangements.

Recommendations on how to avoid discrimination

In putting the principle of equal opportunities into practice, employers could adopt local regulatory acts providing for measures and means to implement the principle of equality between subjects of labour law. It should be noted that an employer who has an average number of employees of more than fifty must adopt and publish, in the ways that are accustomed at the workplace, the measures for implementation of the principles of the supervision of implementation and enforcement of an equal opportunities policy. The above measures and means could also be set out in employment contracts and/or collective agreements.
In accordance with the provisions of Article 26 of the LC and Article 7 of the Law on Equal Treatment, the employer must:

apply equal selection criteria and conditions when hiring employees.
It should be noted that recruitment usually covers several stages: drawing up of job advertisements, selection of candidates for a job interview, conducting of a job interview and taking of a recruitment decision. Discrimination can thus occur at any of these stages.

Drawing up of job advertisements

It is prohibited to include in job advertisements the requirements that favour persons on the grounds of their sex, race, nationality, citizenship, language, origin, social status, age, sexual orientation, disability, state of health, marital and family status, ethnicity, membership of political parties, trade unions or associations, religion, belief, convictions or views, or intention to have a child.
When indicating the sex, age, race, nationality, etc. of an employee you are looking for in a job advertisement, it will not be considered discriminatory only if this identity characteristic is necessary and essential for the work that you are offering. For example, a religion could be indicated when looking for a candidate for employment with a religious community, association or centre, provided that such a requirement for the employee’s religion, belief or convictions is genuine, legitimate and justified, having regard to the ethos of the religious community, association or centre.

How to avoid discriminatory job advertisements:

Include objective and neutral professional criteria.
Include only the occupational qualities and skills necessary to perform the work.
Do not indicate that you are looking for an employee of a specific sex, age, nationality or with any other identity characteristic, unless this characteristic is necessary and essential for the work you are offering. For example, the Law of the Republic of Lithuania on Alcohol Control states that trade in alcoholic beverages is prohibited for persons younger than 18 years of age.
Use gender-neutral language (e.g. use the wording that you are looking to hire a ‘salesperson’).
Do not indicate that candidates of a certain sex, age, nationality or with any other identity characteristic are undesirable.
Avoid excessive requirements that are not related to job functions and could create additional barriers to recruitment and prevent some candidates from applying for the position, e.g. the requirement to have their own car. The requirements should be limited to the candidate’s occupational qualities.
Avoid using the words that may indicate an intention to discriminate, e.g. looking for ‘energetic’, ‘venturesome’, ‘youthful’ employee, etc.
Avoid descriptions that could demotivate some of the candidates from applying, e.g. ‘we are offering a job in a young and dynamic team’.
Avoid photos that could create the impression that only employees of a certain sex and age are being sought, e.g. portraying only men when looking for candidates for positions in the IT sector.
Specify more than one mode of communication, e.g. not only a telephone number to call, but also the possibility to contact via SMS or email. This can be particularly important for persons with a hearing disability and other people having individual needs.

How to avoid discrimination at the time of selection of candidates for a job interview:

Involve more than one person in the selection procedure, for example, by forming a selection group.
Ensure that those conducting the selection procedure are aware of the requirements for equal opportunities.
Be aware of non-discriminatory evaluation criteria, such as education, experience, skills, competences, personal characteristics, e.g. ability to work in a team, pleasant manner of communication, attention to detail.
Limit questions to the professional qualities, competences and skills of a candidate necessary to perform the work.
Do not ask questions related to: sexual orientation, family status and family growth plans, the need to care for family members, periods of temporary incapacity for work, religion, belief, convictions or views, ethnic, political or other convictions. Do not ask about candidates’ private lives.
Provide conditions to participate in a job interview in several different ways, e.g. conduct the interview by remote means if the candidate so requests.

Exceptions:

It is advisable to request information on a candidate’s state of health only if the performance of the job functions is subject to health-related requirements.
Requests for information related to the person’s religion, belief or convictions may only be made in the case of a candidate for employment with a religious community, association or centre, provided that such a requirement is genuine, legitimate and justified, having regard to the ethos of the religious community, association or centre.
The questions related to membership of a political party or an association may be asked only if the job functions require neutrality towards political parties, public or trade unions, and this neutrality, together with the management of a potential conflict of interest, cannot be achieved by other, less restrictive means.

How to avoid discrimination at the time of taking of a recruitment decision:

Review all the information collected to make an informed decision about the most suitable candidate.
Do not be prejudiced by the candidate’s sex, age or other characteristics of their identity.
Rely only on the information about the suitability of each candidate to perform the work which was collected during the selection process.
Score each candidate by assigning points based on their meeting the necessary and preferred professional requirements.
Candidates should be evaluated in parallel and not in succession, i.e. the answer given by each candidate in each question should be compared with each other, by first assessing the answers given by all candidates to the first question and assigning points, then assessing the answers given by all candidates to the second question, etc. This will reduce the first impression effect and the potential subjectivity of the evaluator.
Rank the candidates and select the candidate with the highest score.
Ensure that the evaluators carry out the evaluation and discussion of candidates in smaller groups or individually before adding up points assigned to each candidate by all the evaluators.
Prepare a brief justification for each candidate who has not been selected.
Inform the candidates who have not been selected by giving specific reasons related to the professional requirements.

provide equal working conditions, access to improvement of qualifications, vocational training, retraining, acquiring practical work experience, as well as provide equal advantages. Provision of work equipment
The LC provides for the employer’s duty to create conditions for employees to perform their job function and to provide them with the necessary work equipment or property. If an employee uses their own equipment or property during work, a payment must be agreed upon to compensate the employee for the use of their own equipment or property.
All employees working remotely should not only be provided with all the equipment necessary for their work but also be reimbursed for the expenses related to the performance of their job functions and to the purchase and installation of work equipment.

Improvement of qualifications and professional development

The LC provides for the employer’s duty to take measures to improve the qualifications and professionalism of employees, as well as to increase their ability to adapt to changing business, professional or working conditions. For this purpose, in the cases and in accordance with the procedure established in the LC, labour law provisions or agreements between the parties, the employer must create conditions for employees to learn, improve qualifications and pursue professional development.
To this end, the employer should take measures to enable all employees to participate in the improvement of qualifications or retraining:
When sending employees on qualification improvement courses, to form mixed groups of employees, e.g. the employer should not send on qualification improvement courses employees of only one sex or of similar age.
To encourage employees to participate and to allow them to choose which courses or training they would like to participate in.
Upon the establishment of a new unit focused on a new type of the undertaking’s activities, to enable employees from other units to re-train and to apply for positions in the new unit.
To publicise the availability of other positions, in particular senior positions, and provide equal opportunities for all to fill the positions they want through the use of non-discriminatory selection criteria.
To have in place a sound promotion policy so that each employee is aware of the competences, skills and experience that should be acquired to be eligible to fill a senior position.

Equal privileges

The employer must also respect the principles of gender equality and non-discrimination on other grounds when granting certain privileges to employees. For example, if the employer wants to reimburse employees for wellness activities or to provide several paid days off per year for health checks, the employer should not limit these privileges to employees with disabilities.
The employer must provide employees, prior to the commencement of employment, with information on the names of social insurance institutions receiving social insurance contributions related to the employment relationship and, if the employer is responsible for this, information on any other social insurance-related protection provided by the employer. Therefore, if additional benefits are provided to employees at the workplace, such as the employer contributing to an employee’s pension accumulation, providing supplementary insurance, etc., this must be notified to all employees in writing in advance and on an equal basis.

apply equal work evaluation criteria and equal criteria for dismissal from work.

Job evaluation

In evaluating the specific nature of the work performed, the evaluation criteria to be used should be equal, objective and should be directly related to the job functions. This would reduce the likelihood of direct and indirect discrimination.
Article 140 of the LC provides that employers having twenty or more employees must put in place a remuneration system (where this is not provided for in an collective agreement). These arrangements may not discriminate against employees.
Work can also be evaluated without formal procedures, e.g. the comments and encouragement provided during working hours.
It is suggested that when evaluating a particular work, objective criteria should always be used and there may be no references to the sex, age, nationality or to any other identity characteristic of the employee being evaluated.

Dismissal

The grounds for termination of an employment contract are regulated by Article 53 of the LC. When deciding on the dismissal of an employee, it is prohibited to act on discriminatory grounds. The dismissal procedure may neither discriminate against employees on the grounds of their sex, age, disability or other identity characteristics.
Exceptions may be made in cases where the nature of work requires the employee to meet age and physical health requirements necessary to perform the job functions. For example, if an employee is unable to perform a specific work due to a disability, the dismissal must be well-founded and it must be demonstrated that the employer has taken all measures that are not disproportionately burdensome to the employer in order to adapt the workplace and the conditions to the employee with a disability.
Article 57 of the LC provides for a single case where, for the purpose of dismissal of employees on the grounds of Article 57 of the LC, the selection criteria for redundancy are approved by the employer in agreement with a work council or, in its absence, with a trade union. Preventive measures to avoid potential discrimination of employees could include involving employees’ representatives in dismissal procedures, for example by informing the employees’ representatives of the planned dismissal.
Employers should avoid retaining employees of only one sex, a similar age or sexual orientation.

pay the same remuneration for the same work or work of the same value.
The employer must pay employees the same remuneration for the same work or for work of the same value without discrimination on grounds of sex, disability, age or any other identity characteristic.
The same work means the performance of a work activity which, based on objective criteria, is the same as, or similar to, another work activity to the extent that both employees can be interchanged without significant cost for the employer.
Equal work means a job which, based on objective criteria, is no less qualified and no less important to the employer’s pursuit of operational objectives than another comparable job. The value of work should be determined and compared taking into account objective criteria, e.g. educational, professional and training requirements, skills, effort and responsibility, the type of work performed and the nature of the tasks performed.
Differences in remuneration for the same work or work of the same value may in some cases be justified if there is a difference in employees’ work experience, qualifications, etc., e.g. higher remuneration is paid to employees with the longer length of employment with the undertaking. In such cases, however, valid reasons should still be given and it should be demonstrated that this is a necessary measure, e.g. to maintain the motivation of employees with the longer length of employment. Alternatively, different rates of the variable part of the basic salary and bonuses may be established for employees of a budgetary institution depending on their performance during the previous year.
How to reduce the likelihood of pay discrimination: Develop and adopt a transparent and structured remuneration system. The LC provides that the remuneration system is established in a collective agreement. If there is no such agreement, remuneration systems at workplaces with an average number of employees of twenty or more must be approved by the employer. The remuneration system must be made available for all employees to become acquainted with.
When approving a remuneration system, it is advisable to refer to ‘Methodology for the Evaluation of Jobs and Positions’ (2004). This reduces the risk of indirect discrimination when an employee or a group of employees is placed in a disadvantaged position in terms of pay due to their sex, nationality, age, or other identity characteristics.

take measures to ensure that an employee at the workplace is not subjected to harassment, sexual harassment and instructions to discriminate, also to prevent persecution of employees, civil servants, their representatives or any persons who give evidence or provide clarifications regarding discrimination and to protect them from adverse treatment or adverse consequences if they file a complaint concerning discrimination or participate in discrimination proceedings or report discrimination.

Harassment

Harassment is manifested through hostile and unwanted conduct directed at a specific person based on their identity characteristic, e.g. sex, disability, age, sexual orientation, etc.
Such conduct can take the form of verbal, written or physical actions (including in cyberspace). For example, harassment may involve a variety of strategies, such as insulting comments, bawdy jokes, humiliation, withholding of relevant information and contacts, isolating the person from other colleagues, meetings or consultation meetings, ignoring, assigning tasks not related to the person’s job functions, etc.
A key element in identifying certain conduct as harassment is its unwantedness.
The excessive exercise by managers of the power conferred by their position tends to be biased towards self-interest, so harassment can be detected by assessing whether the aim was to improve performance or to insult an employee and to take advantage of the situation for own gain. A routine requirement of the manager to perform tasks in a timely manner and to provide guidance is not regarded as harassment.

Sexual harassment

Sexual harassment means an unwanted and offensive conduct of a sexual nature directed at a specific person.
Such conduct occurs with the purpose or effect of violating the dignity of the person, in particular when creating an intimidating, hostile, degrading or humiliating environment.
Sexual harassment can take the form of verbal, written or physical actions (including in cyberspace). The assessment of whether conduct is unwanted depends on the subjective judgement of the potential victim.

Psychological violence

It is a recurrent or one-off behaviour which is not physically harmful, based on a power relationship that a person uses in relation to a weaker person, which often results in stress at work for the latter.
The aim of psychological violence is to control the other person by demeaning, belittling, isolating, silencing him and applying other similar strategies.
The LC provides that the employer must create a work environment in which employees will not be subject to hostile, unethical, demeaning, aggressive, insulting or offensive actions which encroach on the honour and dignity of the employees or the physical or psychological integrity of an individual or which are aimed at intimidating, belittling or pushing into an unarmed or powerless situation.
The employer must also take all necessary measures to ensure the prevention of psychological violence in the work environment by publishing information on such measures in the ways that are accustomed at the workplace and take active steps to provide assistance to persons who have experienced psychological violence in the work environment.

How to prevent harassment, sexual harassment and psychological violence:

Designate a responsible person or group of persons at the workplace to whom discrimination, harassment, sexual harassment or violence can be reported anonymously. A responsible, impartial and trained employee or group of employees would respond more promptly to employees’ complaints and help ensure a safe working environment for all.
Conduct periodic anonymous surveys about manifestations of discrimination, harassment, sexual harassment and psychological violence.
Periodically organise educational seminars, lectures, training sessions.
Clearly declare the policy of the workplace on the topics covered (during meetings, on the employer’s website, emphasise during recruitment, etc.), the type of employees’ conduct which is unacceptable and liability for such conduct.
Establish procedures for filing and examining complaints and communicate about the consequences of discrimination, harassment, sexual harassment or violence. It is recommended to enable the filing of a complaint anonymously, via a helpline, a specially created email or by other secure means.
Involve employees’ representatives through information and consultation procedures.

What to do if employees experienced harassment:

Save evidence.
Seek help from the manager, employees’ representatives or a designated responsible person, if such responsibilities are provided for.
Inform about the situation orally or file a formal complaint.
If you do not get help from the workplace, you can turn to the institutions that can help you (the Office of the Equal Opportunities Ombudsperson, a labour dispute commission and a court).

How to examine complaints:

Complaints concerning harassment and sexual harassment may be examined informally by the manager or any other responsible person by interviewing both sides separately and reaching an appropriate solution to the issue. It is also recommended to set up impartial commissions to investigate incidents of harassment, sexual harassment or violent behaviour. There occur cases of violence or harassment by the manager themselves, so it is recommended that undertakings have in place a procedure for dealing with such incidents.
A formal complaint examination procedure would ensure greater impartiality and objectivity, and it is therefore advisable to have a clear procedure for examining complaints, as approved by the manager.
If harassment or sexual harassment is found to have occurred, the measures provided for in Article 58 of the LC, including unpaid suspension from duties, may be applied.

take appropriate measures for conditions to be created for people with disabilities to get a job, work, pursue a career or learn, including the provision of appropriate working conditions, provided that the duties of the employer are not disproportionately burdened by said measures;
The LC obliges employers to provide appropriate working conditions for employees with disabilities, provided that this does not disproportionately burden the employer’s duties. In each individual case, consideration should be given to: financial and other related costs, the size and financial resources of the undertaking, access to public funding or other forms of assistance.
The employer’s duties are not considered to be disproportionately burdened if the employer is adequately compensated for, in each individual case, by measures provided for in the state’s disability policy. It should be noted that in Lithuania, one may apply for granting a subsidy for workplace establishment or adaptation to the Employment Service under the Ministry of Social Security and Labour of the Republic of Lithuania(https://uzt.lt/). The Lithuanian Association of People with Disabilities (https://www.negalia.lt/) and the social employment agency SOPA (https://sopa.lt/) can also provide advice on this topic.

How to reduce the likelihood of discrimination:

When renting or designing a building for a workplace, it is advisable to take into account whether the building (its design) complies with the principles of universal design and other requirements for reasonable accommodation for people with disabilities as laid down in the Law of the Republic of Lithuania on Construction and the relevant construction technical regulations.
Where possible, it is advisable to also refer to ISO international standards (ISO 21542) representing an international consensus on the most up-to-date, excellent technologies, principles and guidelines for reasonable accommodation.
Raise awareness among all employees (lectures, seminars, attitude declared at the workplace). The aim is to reduce and eliminate negative attitudes to disability, to encourage individuality and diversity at the workplace, and to make a respectful contribution in helping an employee with a disability to integrate into the organisation on an equal basis with others.
Assign a colleague (mentor) who could help to deal with the day-to-day challenges.
In a situation where an employee with a disability, e.g. a physical disability, is late for work, assess the reasons for being late for work or whether the fact of being late is due to certain factors related to the disability.
Adapt working-time arrangements allowing late arrival or permitting remote work, flexible work schedule, part-time work, etc.
Provide conditions for the employee to take care of their health, if needed to leave the workplace for a health check, to undergo rehabilitation, etc., which could include the granting of paid days off.

It should be noted that the LC and the Law of the Republic of Lithuania on Safety and Health at Work provide for certain privileges and more flexible terms of employment for employees with disabilities:

Part-time work. The employer must satisfy an employee’s request to work part-time if the employee’s request, according to the conclusions of a healthcare institution, is based on the employee’s medical condition or disability. It should be noted that for employees working part-time, such work does not lead to restrictions in determining annual leave entitlement, calculating the length of employment, promoting, or improving qualifications and does not limit the employee’s other labour rights as compared to employees who perform the same or equal work under full-time employment conditions, taking into account the length of employment, qualifications and other circumstances.
Remote work. The employer must satisfy an employee’s request to work remotely when the employee’s request, according to the conclusions of a healthcare institution, is based on the employee’s medical condition or disability, unless the employer proves that this would lead to excessive costs due to industrial necessity or specific organisation of work.
Termination of an employment contract. An employee is entitled to terminate an employment contract at the employee’s initiative for valid reasons if they are unable to properly perform their job function due to an illness or disability. In this case, a notice period of 5 working days is provided and severance pay is paid. Moreover, when terminating an employment contract at the initiative of the employer without any fault on the part of the employee, a notice period for the termination of the employment contract is tripled for employees with disabilities (6 weeks for employment relationships of less than 1 year, 3 months for employment relationships of 1 year or more).
Passive call-on duty. Unless prohibited by a conclusion of the Disability and Capacity for Work Service under the Ministry of Social Security and Labour, employees may be assigned to passive call-on duty and passive call-on duty at home only with their consent.
Extended annual leave. Employees with a disability are granted annual leave of 25 working days (for those who work 5 days per week) or 30 working days (for those who work 6 days per week). If the number of working days per week is less or different, the employees must be granted 5 weeks of leave. The employer must satisfy a request for annual leave for employees whose request, according to the conclusions of a healthcare institution, is based on the employee’s medical condition.
Unpaid leave. The employer must satisfy an employee’s request for unpaid leave (up to 30 calendar days).
Other privileges. Employees with a disability may be assigned to working overtime, work at night and on-call duty only with their consent, unless they are prohibited from doing so based on the conclusions of a healthcare institution.

Remedies for violations of rights

Evidence:

A person who claims to have experienced discrimination or harassment can file a claim with a court or any other authority; it will be sufficient to present so-called prima facie evidence. This is evidence that suggests ‘at first glance’ that discrimination or harassment actually occurred.
Such evidence is generally considered sufficient for the court to establish discrimination, unless evidence to the contrary is presented.

Burden of proof:

Once the court accepts prima facie evidence of possible discrimination at the workplace, the burden of proof shifts to the employer. Therefore, the employer must prove that it did not discriminate against the employee. It is for the court or any other competent authority to decide on a case-by-case basis whether specific evidence will be considered sufficient.

Where do I refer if I experienced discrimination?

We note that disputes between an employee and the employer regarding discrimination are examined in accordance with the procedure established in Part IV (‘Labour disputes’) of the LC, i.e. by submitting an application in writing or by email using an electronic signature to a labour dispute commission under a territorial division of the State Labour Inspectorate (SLI) within the territory of which the employee’s workplace is located. The application to the labour dispute commission to resolve a labour dispute on rights must be submitted within 3 months of when the claimant became aware, or ought to have become aware, about the violation of their rights. It should be noted that a labour dispute commission is a mandatory institution for the pre-trial examination of labour disputes which examines individual labour disputes and collective labour disputes on rights; therefore, decisions of labour dispute commissions are binding on the parties and enforceable in accordance with the rules of civil procedure. However, if an employee or an employer disagrees with a decision of the labour dispute commission, they may file a claim to court where the dispute will be heard anew. The contact details of labour dispute commissions and the form of an application to a labour dispute commission can be found on the website: http://www.vdi.lt in the ‘FORMS’ section. For more information on labour dispute commissions, please visit the link: https://www.vdi.lt/Forms/DGK.aspx

A person may also refer to the Equal Opportunities Ombudsperson. It is important to note that the Equal Opportunities Ombudsperson examines individuals’ complaints and carries out investigations in relation to cases of discrimination. We recommend that you contact the Equal Opportunities Ombudsperson for further information about the filing of complaints, time limits, and other related issues. The SLI provides the following contacts of by the Office of the Equal Opportunities Ombudsperson (https://www.lygybe.lt/lt) : email [email protected], phone +370 52050640 on working days from 09:00 to 12:00. S. Konarskio st. 35, 03123 Vilnius. More relevant information on equal opportunities can be found at: https://www.lygybe.lt/lt/lygiu-galimybiu-sklaida/377.

Reasonable accommodation for people with disabilities – how to implement it at the workplace
https://www.lygybesplanai.lt/file/repository/Salygu_pritaikymas.pdf
Equal opportunities ruler
https://www.lygybe.lt/lt/lygiu-galimybiu-liniuote
‘More Balance’ publication
https://daugiaubalanso.lt/resursai

Last updated: 27-12-2023