This summary of age discrimination law in Lithuania has been prepared by COBALT Lithuania, the Ius Laboris affiliate for Lithuania: www.cobalt.legal.

OVERVIEW

Lithuanian law prohibits age discrimination. Discrimination is defined to include direct and indirect discrimination, harassment, directing or ordering discrimination on the grounds of sex, race, nationality, citizenship, language, origin, social status, religion, beliefs or opinions, age, sexual orientation, disability, ethnic origin, religion.

Direct discrimination - treatment of a person on the grounds less favourable treatment than he or she is, has been or would be subjected to in comparable circumstances to another person, other than a restriction imposed by law on age, where this is justified by a legitimate aim and that aim is pursued by appropriate and necessary means appropriate means.

However, there may be exceptions in some cases, for example: restrictions imposed by law on the grounds of age where this is justified by a legitimate aim and that aim is pursued by appropriate and necessary means; special temporary measures imposed by law to ensure equality and prevent a breach of equality of opportunity on grounds of age; the granting of benefits on the grounds of age, disability and social status.

Direct discrimination against another on the basis of age refers to any situation where one person is treated, has been treated or would be treated less favourably than another, in a comparable situation, on the grounds of age, and where the situation does not fall under any of the specific exemptions.

Indirect discrimination refers to any action or omission, legal provision or assessment criterion, which is apparently neutral provision or practice that formally are the same but their implementation or application results or would result in de facto restrictions on the exercise of rights or extensions of privileges, preferences or advantages on the grounds of the particular characteristic, unless that act or omission, legal provision or assessment criterion, provision or practice is justified by a legitimate aim and the means of achieving that aim are appropriate and necessary.

Harassment refers to any undesired conduct which is carried out on the particular characteristic, with the purpose or effect of violating the dignity of a person, and of creating an intimidating, hostile and humiliating or offensive environment.

The following basic and similar definitions of discrimination are defined by the Law on Equal Opportunities of the Republic of Lithuania No IX-1826 (the “Law on Equal Treatment”).

An instruction to discriminate against a person on the ground of age is deemed to be discrimination.

Equally important is the objective of non-discrimination law, which is to ensure that all persons have equal and fair access to the opportunities available in society. This means that persons or groups of persons in similar situations should not be treated less favourably simply because of a particular characteristic, such as their gender, racial or ethnic origin, religion or belief, disability, age, or sexual orientation.

The Treaty on the Functioning of the European Union ("TFEU") prohibits discrimination. It also empowers the Council of the European Union to take appropriate action to combat discrimination based on sex, racial or ethnic origin, religion or belief, disability, age, or sexual orientation. The 2009 Lisbon Treaty introduced a horizontal clause aimed at integrating the fight against discrimination into all EU policies and instruments (Article 10 TFEU).

The fundamental national law implementing EU Directive 2000/78/EC is the Law on Equal Treatment. The purpose of this Directive is to establish a common framework for combating discrimination based on religion or belief, disability, age or sexual orientation in employment and occupation with a view to implementing the principle of equal treatment in the Member States.

Gender equality and non-discrimination of employees is regulated not only by the Law on equal treatment, but also by the Labour Code of the Republic of Lithuania. These laws impose an obligation on the employer to implement the principles of gender equality and non-discrimination on other grounds. This means that, in the context of any employer-employee relationship, direct and indirect discrimination, harassment, sexual harassment, directing discrimination age or other grounds based on circumstances unrelated to the employees' business or on other grounds provided for by law are prohibited.

The above-mentioned laws specify in which aspects of the employment relationship an employer must implement the principles of non-discrimination on grounds of age or other grounds.

For example, the principle of non-discrimination is defined in Article 26 of the Labour Code, which stipulates that employers must implement the principles of gender equality and non-discrimination on other grounds. This means that direct and indirect discrimination, harassment, sexual harassment, directing discrimination on the basis of sex, race, nationality, language, origin, social status, religion, belief or opinion, age, sexual orientation and other grounds are prohibited in any employer-employee relationship. In order to ensure compliance with this principle, the employer must, at the time of recruitment, apply the same selection criteria and conditions, apply the same criteria for performance evaluation and dismissal; take measures to ensure that the employee is not subjected to discrimination at the workplace, etc.

Article 70 of the Labour Code also regulates the prohibition of discrimination, stipulating that employees with fixed-term contracts may not be subjected to less favourable working conditions, including remuneration, than those of employees with open-ended contracts performing the same or a similar job function in terms of qualification or ability.

HOw common are claims?

In 2022, the Office of the Equal Opportunities Ombudsman (the “OEOO”) received 21 complaints about possible age discrimination, and 5 investigations were initiated by the ombudsmen themselves. An analysis of long-term statistics shows that the number of complaints and investigations into possible violations of equal opportunities on the grounds of age, as opposed to sex or disability, has increased during the pandemic.

The number of complaints was similar: 10 times for women and 11 for men. The highest number of violations was found in employment relations.  In 2022, 12 decisions were taken and 7 infringements were detected (3 in the field of employment, 2 in the field of consumer protection, and 2 on consumer protection issues, and 1 each on state and municipal institutions and bodies/education, science and studies).

WHat claims are most common?

In a counterclaim before the Court, the defendant (employee) sought an order for EUR 20 000 to compensate her for non-material damage caused by the applicant's discrimination on the basis of the defendant's sex (pregnancy) and the psychological violence suffered. The applicant claimed that, after learning of the defendant's pregnancy, it had acted in a targeted manner against her: it announced a work stoppage, took away her work tools, disconnected her from the electronic system and refused to grant her leave. The defendant regarded such actions by the applicant as discrimination on grounds of sex because of her pregnancy.

The applicant, representing the trade union, submitted that the defendant (the employer) had, by order, introduced extended annual leave of 30 working days for certain categories of employees. The parties had signed a collective agreement under which the duration of the extended annual leave was fixed at 27 working days, and the duration of the extended annual leave was extended on the basis of the employees’ continuous length of service with the institution. Following the signing and entry into force of the new Collective Agreement between the parties, the defendant refused to apply the Order and applied the provisions of the Collective Agreement to the employees represented by the applicant, thus placing the employees represented by the applicant, who are members of the trade union, at a disadvantage compared with other employees who are not members of the trade union, and discriminating against the employees represented by the applicant on the grounds of their membership of a trade union.

WHat are the statistics based on 2022 data in lithuania?

Statistics show that women are involved in important decisions, However, in the labour market, the total number of women in management positions is only one third (36%) in 2021, according to Eurostat. The very top positions (CEOs, directors, chairpersons) have very few women. For example, among the 18 presidents of listed companies there was only 1 woman (5%), and of the 29 statutory bodies in Lithuania, only 3 (10%) were headed by women.

In 2022, the European Institute for Gender Equality and the Gender Equality Index launched a study on the negative impact of the covid pandemic on gender equality. According to the authors of the study, the pandemic has had a negative impact on women's work-life balance. For example, 57% of women in the country reported that they look after their children alone or with little or no help from others.

Lithuania's overall score for labour is 73.9, with one of the country's best scores in this area, 90.8, for the participation of women and men in the labour market.  In Lithuania, as in many other EU countries, women's part-time employment is higher than men. For example, the full-time equivalent for men is 61% and for women 51%. This means that they are less likely to be working full-time than women, due to other commitments in life, for example because they are raising children.

are there any specific exceptions in your laws?

Specific exemptions can be applied for people who are working in certain professions or for younger employees. These exceptions are listed below:

-        civil servants must be at least 18 years of age and at least 65 years of age. The requirement to be at least 65 years of age does not apply to civil servants in political/personal trust and to substitute civil servants;

-        teenagers can start work at the age of 14, but depending on whether they are in the age group of children (14 to 16) or teenagers (16 to 18), there are different restrictions on the type of work they can undertake, their working and rest hours, safety and health, and the conclusion of the contract.

-        under the previous regulation, the retirement age for men was 64 years and 4 months and for women 63 years and 8 months. From the beginning of 2023, the retirement age for men has been extended to 64 years and 6 months and for women to 64 years.

what are the most interesting examples?

The most relevant research examples in 2022:

The OEOO, received information on potentially discriminatory pricing, will on its own initiative, launched an investigation into the discounts offered by Lumina Park Vilnius to students up to 26 years of age. The company kindly equalised the prices of tickets for students regardless of their age and the investigation was closed.

The European Union's support arrangements for small farmers were also examined in 2022. The complainant argued that the National Payment the tender organised by the Paying Agency for the aid infringed the rights of persons aged over 40 years the interests of applicants over 40 years of age. In the evaluation of the applications, younger persons 10 points (to encourage young people to enter the agricultural sector). The applicant feared that this would reduce the access of older farmers to funding. Following an in-depth investigation, it was found that, although the treatment the difference in treatment, it was not discriminatory. According to the Equal Opportunities Act, statutory restrictions based on age do not constitute discrimination where they are justified by a legitimate objective pursued by appropriate and necessary means.

In October 2022, the OEOO issued a warning to “UAB “Finansinių sprendimų agentūra“ for discriminating against a job applicant on the grounds of her age. The candidate was asked to state her age (which is a violation of the Equal Opportunities for Women and Men Act) and was told that one of the positions was subject to an age limit (which is direct age discrimination).

other relevant cases

It is also important to note that in Lithuania, a common mistake is made when recruiting employees and preparing job offers. Here are some examples:

Recruitment processes which do not apply uniform selection criteria and conditions (i.e. job advertisements which, in addition to the professional requirements, also include an age requirement, an age limit or age groups (e.g. 'we welcome candidates aged between 25 and 45', 'we are looking for a young, dynamic, driven team'); overemphasis on, and questioning of, the age of the candidate during the selection interview the candidate's age).

Unequal working conditions, opportunities for further training, professional development, retraining, practical work experience, and unequal benefits (e.g. limiting opportunities for further training, training, promotion, and the roles and responsibilities at work or not allowing the adaptation of the workplace or working conditions due to a employees deteriorating health, justifying changes in health on the basis of the employees older age).

Unequal performance evaluation and dismissal criteria (e.g.: only the good performance of younger employees is noticed, while the good performance of older employees is accepted as normal and not worthy of extra incentive; criticism of the performance of older employees is given more attention when they deviate from the norm; pressure to leave before retirement age; and unjustifiable dismissal of employees).

Unequal pay for the same work of equal value (e.g., older employees are seen as unworthy of investment, while young employees are higher wages are paid to young employees, including in kind, i.e. by providing a range of additional tools for personal use).

what are the remedies for breaches of equality and non-discrimination rights?

Anyone who considers that their equal opportunities have been violated has the right to appeal.

The person who has suffered discrimination has the right to claim compensation for material and non-material damage from those responsible.

If a person considers that his or her equal opportunities have been violated, he or she has the right to apply to the OEOO. There are several different ways of redressing violations of equality and non-discrimination rights in Lithuania. Applying to the OEOO does not limit the possibility of defending your rights in court.

A complaint may be lodged within 3 months of the act complained of being committed or when the complaint is brought to light.

what enforcment/ remedies exist?

Pursuant to the Criminal Code No VIII-1968, the perpetrator shall be punished either by way of community service, a fine, restriction of liberty, by arrest, or by a custodial sentence for a term of up to three years.

The Republic of Lithuania Code of Administrative Offences No XII-1869 establishes that a breach of equal opportunities provided by the Law on Equal Treatment shall incur a fine to the directors of legal persons, employers, or other responsible persons from EUR 40 to EUR 560. For repeated offences, the fine may range from EUR 560 to EUR 1200.

Failure to comply with the statutory requirements may result not only in a fine for the employer as a legal entity, but also in a loss of reputation, a restriction on participation in public procurement, eligibility to receive subsidies, benefits or other public support, restrictions on the employment of foreigners, a drop in ratings, progress and other areas of activity.

The OEOO supervises the enforcement of age discrimination rules and hears discrimination claims. Filing an appeal with the OEOO does not preclude the claimant from going to court.

A court has jurisdiction to hear a claim for unlawful dismissal on the grounds of age discrimination. The court of first instance hears cases of unlawful dismissal in violation of age discrimination rules and its decisions may be subject to further appeal.

A successful claimant may be entitled to claim compensation for both pecuniary and non-pecuniary damages. In cases of unlawful dismissal, a claimant may be reinstated to the previous role and be awarded back wages from the date of dismissal until the date of the court decision (up to one year). If the court finds that the employee may not be reinstated (e.g., because of the unfavourable work conditions), the court may award the employee a severance payment.