Diskriminacija dėl darbo

The Labor Code confers upon the employer a duty to implement gender equality and non-discrimination principles, which include equal selection criteria, working conditions, benefits, work evaluation criteria, and remuneration for employees. Moreover, eligible employees are entitled to pregnancy and childbirth leave, amounting to 70 calendar days before and 56 calendar days after childbirth. Also, an employer cannot present a termination notice without mutual agreement to an employee they know to be pregnant until the day the baby turns four months old.

In 2015, the Lithuanian Military Code of Ethics was amended to include the obligation to “respect and protect the dignity and fundamental rights and freedoms of every human being, regardless of gender, race, nationality, language, origin, social status, religion, belief, opinion, age, sexual orientation, disability, ethnicity, religion.” The original version did not expressly include protection against discrimination based on gender or sexual orientation.

The applicant, a translator for the Romanian Embassy, was terminated without explanation the day after officially informing the employer of her pregnancy. She argued that her dismissal was based on gender discrimination, while the employer stated that it was because of unsatisfactory results during the contractual probationary period. The Court ruled in favor of the applicant awarding LT 50,000 in pecuniary and LT 10,000 in non-pecuniary damages to be paid by the Romanian Embassy in the Republic of Lithuania.

Since 2015, every year, around 4000 Lithuanian men in the age group of 18 - 23 can be required to perform compulsory military service for nine months. However, Article 3 of the Law on Military Service dictates that women, other than those who express their willingness, are exempt from being conscripted into the army.

The Constitution is an essential pillar of gender equality legislation in Lithuania. Article 29 affirms that human rights may not be restricted, or any privileges granted, on the grounds of “gender, race, nationality, language, origin, social status, belief, convictions, or views.” Further, Article 38 declares that marriage can only be concluded upon free mutual consent between a man and a woman, and that the rights of spouses are equal. The provisions do not declare same-sex marriages or partnerships valid.

The Equal Treatment Act defined and expanded protection against any discrimination and harassment to include, in addition to gender, “race, nationality, citizenship, language, origin, social status, belief, convictions or views, age, sexual orientation, disability, ethnic origin or religion.” It also established a duty of state and municipal institutions, educational institutions, and employers to actively prevent discrimination on the previously mentioned grounds. Under Article 13, a person who has suffered such discrimination has the right to claim material and non-material damages.

The purpose of the Equal Opportunities Act is to prohibit any discrimination, harassment, or sexual harassment based on gender within employment, education, consumer protection, social security schemes, and involvement in organizations. It also established a duty of state and municipal institutions, educational establishments, and employers to actively implement equal rights for women and men.