REPUBLIC OF LITHUANIA
LAW
ON EQUAL OPPORTUNITIES FOR WOMEN AND MEN
1 December 1998 No VIII-947
(As last amended on 15 July 2014 No XII-1023)
Vilnius
CHAPTER I
GENERAL PROVISIONS
Article 1. Purpose of the Law
1. The purpose of this Law shall be to ensure the implementation of equal rights for women and men enshrined in the Constitution of the Republic of Lithuania, and to prohibit any type of discrimination on grounds of sex, in particular by reference to marital or family status.
3. The provisions of this Law have been harmonised with the legal acts of the European Union listed in the Annex to this Law.
Article 2. Definitions
1. Equal opportunities for women and men means the implementation of human rights guaranteed in international documents on human and civil rights and in the legislation of the Republic of Lithuania.
2. Discrimination means any direct or indirect discrimination, sexual harassment, harassment or an instruction to directly or indirectly discriminate against persons on grounds of sex.
3. Violation of equal rights for women and men means discrimination on grounds of sex. A person’s rejection of, or submission to conduct which violates equal rights for women and men may not be used as a basis for a decision affecting that person.
4. Direct discrimination means treating one person less favourably on grounds of sex than another is, has been or would be treated in a comparable situation.
5. Indirect discrimination means an act or omission, legal provision, assessment criterion or practice that formally are the same for women and men, but their implementation or application may put or puts persons of one sex at a particular disadvantage compared with persons of the other sex, unless such act or omission, legal provision, assessment criterion or practice is objectively justified by a legitimate aim, and the means of achieving that aim are appropriate and necessary.
6. Sexual harassment means any form of unwanted and insulting verbal, written or physical conduct of a sexual nature with a person, with the purpose or effect of violating the dignity of a person, in particular when creating an intimidating, hostile, humiliating or offensive environment.
Article 2(1). Burden of proof
When examining the complaints and applications of natural persons, as well as the disputes of persons concerning discrimination on grounds of sex, in courts or other competent institutions, it shall be presumed that the fact of direct or indirect discrimination occurred. A person or institution against whom a complaint was filed must prove that the principle of equal rights has not been violated.
Article 3. Duty of state and municipal institutions and agencies to implement equal rights for women and men
State and municipal institutions and agencies must, within their competence:
1) ensure that equal rights for women and men are guaranteed in all the legal acts drafted and adopted by them;
2) draw up and implement programmes and measures aimed at ensuring equal opportunities for women and men;
3) in the manner prescribed by laws, support the programmes of public establishments, associations and charitable foundations which assist in implementing equal opportunities for women and men.
Version of Article after 1 October 2014:
Article 3. Duty of state and municipal institutions and agencies to implement equal rights for women and men
1. State and municipal institutions and agencies must, within their competence:
1) ensure that equal rights for women and men are guaranteed in all the legal acts drafted and adopted by them;
2) draw up and implement programmes and measures aimed at ensuring equal opportunities for women and men;
3) in the manner prescribed by laws, support the programmes of public establishments, associations and charitable foundations which assist in implementing equal opportunities for women and men.
2. State institutions shall provide for measures aimed at ensuring equal opportunities for women and men in strategic planning documents. Municipal institutions shall provide for measures aimed at ensuring equal opportunities for women and men in municipal strategic development and/or municipal strategic action plans.
Article 4. Duty of educational establishments and research and higher education institutions to implement equal rights for women and men
1. Educational and research establishments must:
1) ensure equal conditions for women and men when admitting to vocational training establishments and schools of higher education, improving the qualification, developing professional skills and providing practical work experience;
2) ensure equal conditions for women and men when awarding scholarships and granting loans for studies;
3) ensure equal conditions for women and men when curricula are selected for them and selected by them;
5) take measures to prevent sexual harassment of pupils, students and employees of educational establishments and research and higher education institutions;
6) take measures to ensure that pupils, students or employees of educational establishments and research and higher education institutions who testify or provide explanations would be protected from hostile treatment, adverse consequences and any other type of persecution as a reaction to the complaint or another legal procedure concerning discrimination.
Article 5. Employer’s or his representative's duty to implement equal rights for women and men at workplace
In implementing equal rights for women and men at workplace, the employer or his representative must:
1) apply uniform selection criteria when recruiting or promoting, except for the case specified in Article 2(4)(5) of this Law;
2) provide equal working conditions and opportunities to improve qualification, re-qualify, acquire practical work experience, and provide equal advantages;
3) provide equal pay for the same work or for work to which equal value is attributed, including all the additional remuneration paid in any form by the employer or his representative to employees for the work performed;
5) take measures to ensure that an employee, a representative of an employee or an employee who testify or provide explanations would be protected from hostile treatment, adverse consequences and any other type of persecution as a reaction to the complaint or another legal procedure concerning discrimination.
Article 5(1). Implementation of equal opportunities for women and men in the field of consumer protection
When implementing equal rights for women and men, a seller or producer of goods or a service provider must:
1) apply equal conditions of payment and guarantees for the same products, goods and services and for products, goods and services of equal value to all consumers regardless of their sex;
2) in providing consumers with information about products, goods and services or advertising them, ensure that it would not express humiliation, contempt or restriction of rights or would not extend privileges on the grounds of a person’s sex and would not form public attitudes that one sex is superior to the other.
Article 52. Prohibition of discrimination on grounds of sex in relation to membership of or involvement in organisations
Discrimination on grounds of sex in relation to membership of, and involvement in, an organisation of employees and employers, or any other organisation/association whose members carry on a particular profession, including the benefits provided for by such organisations/associations shall be prohibited.
Article 53. Prohibition of discrimination on grounds of sex in social security schemes
1. It shall be prohibited to discriminate persons on grounds of sex when establishing and applying social security provisions including those that amend or supplement the state social insurance scheme (hereinafter: the ‘social security provisions’):
2. Discrimination shall be prohibited when establishing and applying social security provisions in cases of illness, disability, old-age, including early retirement, accidents at work and occupational diseases, unemployment and social security provisions that provide for any type of social benefits, including survivor’s and orphan’s pensions, benefits and material allowances.
3. Prohibition of discrimination on grounds of sex shall apply to employed persons, including self-employed persons, persons who have terminated their employment due to illness, maternity, accident or forced unemployment as well as jobseekers, pensioners, disabled employees and persons who are entitled to demand benefits on their behalf.
Article 6. Actions that violate equal rights for women and men
Any actions or other conduct by which a person is discriminated against on grounds of sex shall be considered as violation of equal rights for women and men, except for the cases when:
4) requirements for physical training, safety and health at work are applied to women aimed at protecting the women’s health given their physiological properties;
5) a certain job that can be performed only by a person of a particular sex is carried out, where, due to the nature of a specific professional activity or the conditions of its fulfilment, the sex is an essential (unavoidable) and determinant professional requirement, this treatment is legitimate and the requirement is appropriate (proportionate);
6) specific temporary measures set forth by laws are applied with a view to accelerating the guaranteeing of factual equality between women and men and which must be repealed upon implementation of equal rights and equal opportunities for women and men;
Article 61. Actions of an employer or his representative that violate equal rights for women and men
The actions of an employer or his representative shall be recognised as violating equal rights for women and men if, because of a person’s sex, he:
1) applies to a person less/more favourable terms of recruitment, transfer to another post or payment for the same work or for work to which equal value is attributed;
3) imposes a disciplinary penalty on an employee, changes the working conditions, transfers him to another job or terminates the employment contract;
Article 7. Actions of educational establishments and research and higher education institutions that violate equal rights for women and men
The actions of educational establishments and research and higher education institutions shall be recognised as violating equal rights for women and men, if, on the grounds of a person’s sex,:
1) different requirements and conditions are applied when admitting for training or studies, preparing the curricula and study programmes, assessing the knowledge, improving the qualification, developing professional skills or providing practical work experience;
Article 7(1). Actions of a seller or producer of goods or a service provider that violate equal rights for women and men
The actions of a seller or producer of goods or a service provider shall be recognised as violating equal rights for women and men, if, on the grounds of a person’s sex,:
1) different conditions of payment or guarantees are applied for the same goods, services and products and for goods, services and products of equal value or different opportunities for selecting goods and services are established;
2) in informing about products, goods and services or advertising them, public attitudes are formed that one sex is superior to the other and consumers are also discriminated against on grounds of sex;
Article 72. Discrimination on grounds of sex in relation to membership of or involvement in organisations
Any acts that prevent from becoming a member of an organisation of employees and employers, or any other organisation/association whose members carry on a particular profession, or involvement in such organisations/associations, including the benefits provided for by such organisations/associations, on grounds of sex shall be recognised as violating equal rights for women and men.
Article 73. Discrimination on grounds of sex in social security schemes
Any act or omission, legal norm, assessment criterion or practice preventing from establishing and applying equal conditions in social security provisions shall be recognised as violating equal rights for women and men, if, on the grounds of a person’s sex,:
3) different conditions for retention of deferred benefits when an employee leaves the schemes are established, except for the cases specified in points (8) and (10);
5) different rules concerning the reimbursement of contributions or retention of entitlement to benefits when an employee terminates involvement in the schemes are established, except for the cases specified in points (8) and (10);
6) different conditions for awarding benefits and restrictions concerning the receipt thereof are established;
7) different establishment of entitlement/acquisition of such entitlement to the share of funds accumulated on behalf of the participants for the periods of maternity/paternity leave or any other special-purpose leave for family reasons, when the leave was granted in accordance with the laws or the contract and the employer pays contributions during the above-mentioned period;
8) different amounts of benefits are established, unless it is necessary to take into consideration actuarial calculation factors which differ according to sex in the case of defined-contribution schemes;
9) different amounts of contributions for the participants are established, except for contributions for biometric risk coverage when it is necessary to take into consideration actuarial calculation factors which differ according to sex;
10) different amounts of contributions are established, except in the case of the defined-contribution scheme where the aim is to make the amount of the final benefits more nearly equal for the participants of both sexes, and in the case of the defined-benefit scheme where the contributions are intended to ensure the adequacy of the funds necessary to cover the costs of the guaranteed benefits.
Article 8. Discriminatory advertisements
In advertisements offering a job, civil service or education opportunities, it shall be prohibited to specify the requirements which give priority to one of the sexes, except for the case referred to in Article 2(4)(5), and to request information from job seekers about their family status, age (except for the cases specified by law), private life or family plans.
Article 9. Rights of a person discriminated against and of the persons representing him
1. A person who considers that he has been subject to discriminatory actions specified in this Chapter or that he has become the subject of sexual or any other harassment shall have the right to apply to the Equal Opportunities Ombudsperson for objective and unbiased assistance.
Article 10. Supervision of the implementation of the Law
1. The implementation of the Law on Equal Opportunities for Women and Men shall be supervised by the Equal Opportunities Ombudsperson.
Article 11. Legal basis of the Office of the Equal Opportunities Ombudsperson
1. The Office of the Equal Opportunities Ombudsperson shall be guided by the Constitution of the Republic of Lithuania, this Law, international treaties to which Lithuania is a party and other legal acts.
2. The underlying principles of activities of the Office of the Equal Opportunities Ombudsperson shall be legality, impartiality and justice.
3. The Office of the Equal Opportunities Ombudsperson shall be headed by the Equal Opportunities Ombudsperson.
4. When the Equal Opportunities Ombudsperson is on leave or is unable to perform his duties due to other reasons (illness, secondment, maternity or parental leave, etc.), he shall, on the decision of the Board of the Seimas, be substituted by the Seimas Ombudsman or the Ombudsperson for Children’s Rights, or the Seimas shall, for a fixed period, appoint to this position a person meeting the requirements set for the Equal Opportunities Ombudsperson.
Article 12. Competence of the Equal Opportunities Ombudsperson
1. The Equal Opportunities Ombudsperson shall investigate complaints concerning direct or indirect discrimination, harassment and sexual harassment and shall provide objective and unbiased consultations related thereto.
2. The Equal Opportunities Ombudsperson shall conduct independent investigations into cases of discrimination and independent surveys on the situation of discrimination, publish independent reports, provide conclusions and recommendations on any discrimination-related issues with regard to the implementation of this Law, as well as proposals to state and municipal institutions and agencies of the Republic of Lithuania concerning the improvement of legal acts and priorities of the implementation of equal rights policy.
Article 13. Requirements for the Equal Opportunities Ombudsperson
A citizen of the Republic of Lithuania, who is a person of good repute, has a university degree in law and whose record of service in legal profession or at state and municipal institutions or agencies is not less than five years shall be eligible for appointment as the Equal Opportunities Ombudsperson.
Article 14. Procedure for appointment of the Equal Opportunities Ombudsperson
1. The Equal Opportunities Ombudsperson shall be appointed for a period of five years and released from office by the Seimas upon recommendation of the Speaker of the Seimas.
Article 14(1). Oath of the Equal Opportunities Ombudsperson
1. Prior to assuming the office, a person appointed as the Equal Opportunities Ombudsperson shall swear an oath to the State of Lithuania. The person swearing an oath shall be entitled to choose one of the following texts of the oath:
‘I, the Equal Opportunities Ombudsperson of the Republic of Lithuania (forename, surname) swear my allegiance to the State of Lithuania, to observe its Constitution and laws, to perform my duties in good faith, to protect human rights, freedoms and legitimate interests, to always be impartial and to keep the secrets entrusted to me.
So help me God.’;
‘I, the Equal Opportunities Ombudsperson of the Republic of Lithuania (forename, surname) swear my allegiance to the State of Lithuania, to observe its Constitution and laws, to perform my duties in good faith, to protect human rights, freedoms and legitimate interests, to always be impartial and to keep the secrets entrusted to me.’
Article 15. Termination of powers of the Equal Opportunities Ombudsperson
1. The Equal Opportunities Ombudsperson shall be released from office:
3) when he is incapable of performing his duties for health reasons, i.e., if he is ill for over 120 calendar days in succession in the course of a calendar year or for over 140 calendar days during the last 12 months;
Article 16. Prohibitions for the Equal Opportunities Ombudsperson
1. The Equal Opportunities Ombudsperson may not hold any other office in state institutions and organisations, be employed in business, commercial and other private institutions or undertakings.
Article 17. Funding of the Office of the Equal Opportunities Ombudsperson
The activities of the Office of the Equal Opportunities Ombudsperson shall be financed from the state budget.
Article 18. Acceptance of complaints
1. Each natural and legal person shall have the right to file a complaint with the Equal Opportunities Ombudsperson concerning a violation of equal rights.
2. The complaints shall be submitted in writing. The procedure for registration and allocation for handling of complaints shall be laid down in the regulations of the Office of the Equal Opportunities Ombudsperson, which shall be approved by the Equal Opportunities Ombudsperson.
3. If a complaint has been received orally or by telephone, or if the Equal Opportunities Ombudsperson has found indications of violation of equal rights in the press, other media or other sources, he may initiate investigation on his own initiative.
Article 19. Requirements for a complaint
1. A complaint must contain the following:
3) the names of the institutions or the forenames and surnames of the persons against whom the complaint is filed, and the institution in which they are employed;
4) description of the decision or actions against which the complaint is filed, indication of the time and circumstances under which they have been committed;
2. The following may be attached to the complaint:
Article 20. Time limit for filing complaints
A complaint may be filed within three moths from commission of the actions against which the complaint is filed. Complaints filed after the expiry of this time limit shall not be examined, unless the Equal Opportunities Ombudsperson decides otherwise.
Article 21. Refusal to examine a complaint
1. The Equal Opportunities Ombudsperson shall refuse to examine a complaint and shall return it to the complainant not later than within 15 days if:
1) it is impossible to launch an investigation due to the lack of data, and the complainant fails to provide the necessary data at the request of the Equal Opportunities Ombudsperson;
3) the investigation of the circumstances specified in the complaint is not attributed to the competence of the Equal Opportunities Ombudsperson;
4) a complaint on the same issue has already been examined, is under examination in court or, under the law, must be examined in court;
2. If the complaint is returned to the complainant, the grounds for refusal to examine it must be specified. In the cases where the complaint does not fall within the competence of the Equal Opportunities Ombudsperson, the refusal to examine the complaint shall indicate which institution the complainant could address concerning this issue.
3. A repeated filing of a complaint after the investigation shall not be examined, except for the cases where new circumstances are indicated or new facts are provided.
Article 22. Time limits for investigation of complaints
A complaint must be investigated and a reply must be given to the complainant within one month from the day of receipt of the complaint. Where necessary, the Equal Opportunities Ombudsperson may extend the time limit for investigation of the complaint for up to three months. The complainant must be notified about it.
Article 23. Course of investigation of the complaint
1. In the course of investigation of the complaint, the Equal Opportunities Ombudsperson shall ascertain:
1) the fact of presence or absence of the decisions cited in the complaint or the actions against which the complaint is filed;
2) on what grounds and under what circumstances the decisions have been taken or the actions have been committed;
3) whether the decisions or actions cited in the complaint contradict the laws and other legal acts;
4) who has committed the violation, for what reasons (or in pursuit of what goals), what is the extent of the violations, and how the persons who have committed the violation explain their actions;
2. Where, during the investigation of the complaint, the Equal Opportunities Ombudsperson establishes that two or more complaints concerning the same activity of the same person or institution or the same legal act were received from different complainants, he may combine these complaints into a single investigation.
3. Where due to family links or for any other important reasons, the Equal Opportunities Ombudsperson is not able to impartially investigate a specific complaint, he shall refer it to one of the employees of the Office.
4. Upon completion of the investigation of the complaint, a statement shall be drawn up stating the circumstances identified and evidence collected in the course of the investigation, as well as legal evaluation of the actions. The statement shall be signed by the Equal Opportunities Ombudsperson.
Article 24. Decisions of the Equal Opportunities Ombudsperson
In the course of the investigation or upon completion of the investigation, the Equal Opportunities Ombudsperson may take a decision:
1) to refer the investigation material to a pre-trial investigation institution or the prosecutor if elements of a criminal act have been established;
2) to address an appropriate person or institution and make a proposal to discontinue the actions violating equal rights and to amend or repeal a legal act related thereto;
5) to terminate the investigation if the complainant withdraws his complaint or when there is a lack of objective data on the committed violation or when the complainant and offender reconcile or when the acts that violate equal rights are terminated or when the legal act that violates equal rights is amended or repealed;
7) to suspend the investigation if the person whose complaint or actions against which a complaint has been filed are under investigation is ill or away;
8) temporarily, until taking a final decision, to ban the dissemination of an advertisement if there are sufficient data that the disseminated or intended to be disseminated advertisement may be recognised as inciting ethnic, racial, religious hatred or hatred on the grounds of sex, sexual orientation, disability, beliefs or age and would cause substantial harm to the public interests, degrade human honour and dignity and violate the principles of public morality;
Article 24(1). Compensation for damages
A person who has suffered discrimination on grounds of sex, sexual harassment or harassment shall have the right to demand that the guilty persons compensate for the pecuniary and non-pecuniary damage in the manner prescribed by the Civil Code of the Republic of Lithuania.
Article 25. Binding force of requests of the Equal Opportunities Ombudsperson
1. At the request of the Equal Opportunities Ombudsperson, state and municipal institutions and agencies, enterprises, organisations and natural persons must submit to him the information, documents and material necessary for performing the functions of the Equal Opportunities Ombudsperson not later than within a period of ten working days from the day of receipt of the request for information, unless a specific time limit is indicated in the request.
2. In the course of investigation of a complaint, the Equal Opportunities Ombudsperson shall have the right to address the person whose actions are under investigation and to request an explanation. The person must provide such an explanation within a period of ten working days from the day of receipt of the request for information, unless a specific time limit is indicated in the request.
Article 26. Salary and social guarantees of the Equal Opportunities Ombudsperson
1. The conditions of remuneration for work of the Equal Opportunities Ombudsperson shall be laid down in the Law of the Republic of Lithuania on the Remuneration of State Politicians and State Officials.
Article 27. Report of the Office of the Equal Opportunities Ombudsperson
Each year before 15 March, the Equal Opportunities Ombudsperson shall submit to the Seimas a written report of the Office of the Equal Opportunities Ombudsperson for the previous calendar year, which shall be considered at the Seimas. This independent report shall cover the activity report of the Equal Opportunities Ombudsperson, an overview of the situation, conclusions and recommendations. The complete report must be published on the website of the Office of the Equal Opportunities Ombudsperson and, where possible, made public through the other media.
Article 28. Publicity of activities of the Office of the Equal Opportunities Ombudsperson
The Office of the Equal Opportunities Ombudsperson shall provide information to the press and other media about the investigation of a complaint relating to violation of equal rights only with the consent of the complainant.
Article 29. Proposals to the Government of the Republic of Lithuania
To propose to the Government of the Republic of Lithuania to allocate premises for the Office of the Equal Opportunities Ombudsperson within ten days of the entry into force of this Law.
Article 30. Entry into force of the Law
This Law shall enter into force on 1 March 1999.
I promulgate this Law passed by the Seimas of the Republic of Lithuania.
PRESIDENT OF THE REPUBLIC VALDAS ADAMKUS
Annex to
Republic of Lithuania
Law on
Equal Opportunities for Women and Men
Legal Acts of the European Union Implemented by this Law
1. Council directive 96/97/EC of 20 December 1996 amending Directive of 86/378/EEC on the implementation of the principle of equal treatment for men and women in occupational social security schemes (OJ 2004 Special edition, Chapter V, Volume 3, p. 232).
2. Council Directive 97/80/EC of 15 December 1997 on the burden of proof in cases of discrimination based on sex (OJ 2004 Special edition, Chapter 5, Volume 3, p. 264).
3. Council Directive 98/52/EC of 13 July 1998 on the extension of Directive 97/80/EC on the burden of proof in cases of discrimination based on sex to the United Kingdom of Great Britain and Northern Ireland (OJ 2004 Special edition, Chapter 5, Volume 3, p. 307).
4. Directive 2002/73/EC of the European Parliament and of the Council of 23 September 2002 amending Council Directive 76/207/EEC on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions (OJ 2004 Special edition, Chapter V, Volume 4, p. 255).
5. Council Directive 2004/113/EC of 13 December 2004 implementing the principle of equal treatment between men and women in the access to and supply of goods and services (OJ 2004 L 373, p. 37).
6. Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (recast) (OJ 2006L 204, p. 23).