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Law on Equal Treatment
L. 18 novembre 2003 No. IX – 1826
CHAPTER I
GENERAL PROVISIONS
Article 1. Purpose of the Law
1. The purpose of this Law is to ensure the implementation of human rights laid down in the
Constitution of the Republic of Lithuania, and to prohibit any direct or indirect discrimination based
upon age, sexual orientation, disability, racial or ethnic origin, religion or beliefs.
2. The provisions of this Law shall not apply to family and private life.
3. This Law is designated to ensure the application of the legal acts of the European Union,
indicated in the Annex of this Law.
Article 2. Basic Definitions of this Law
1. Equal treatment means implementation of the human rights, which are laid down in international
documents on human and citizens’ rights and in the laws of the Republic of Lithuania, regardless of
the age, sexual orientation, disability, racial or ethnic origin, religion, beliefs and other grounds
established in the international agreements or laws of the Republic of Lithuania.
2. Violation of equal treatment means direct or indirect discrimination on the grounds of age, sexual
orientation, disability, racial or ethnic origin, religion or beliefs.
3. Direct discrimination shall be taken to occur when on the basis of a person’s age, sexual
orientation, disability, racial or ethnic origin, religion or beliefs, one person is treated less favorably
than another is, has been or would be treated in an comparable situation, except for the following
cases provided for by the laws:
1) restrictions on grounds of age;
2) requirement to know the State language;
3) prohibition from taking part in political activities;
4) different rights applied on the basis of citizenship;
5) special measures applied in healthcare, work safety, employment, labour market sphere while
striving to create and apply conditions and opportunities guaranteeing and promoting the
integration of the disabled into the labour environment;
6) special temporary measures applied while striving to ensure equality and bar the way to
violation of equal treatment on the basis of age, sexual orientation, disability, racial ethnic, religion
or beliefs;
7) when owing to the character of specific types of professional activity or conditions of
implementation thereof, a certain human characteristic is the usual and decisive professional
requirement, and this aim is lawful and the requirement is appropriate.
4. Indirect discrimination shall be taken to occur where an action or inaction, legal norm or value
criterion, visibly neutral provision or practice, which are formally equal, however in implementing or
adapting them, an actual restriction of the use of rights or the providing of privileges, priorityor
advantage for persons of a certain age, certain sexual orientation, disability, racial or ethnic origin,
religion or beliefs can, do, or might emerge.
5. Harassment shall be deemed to be undesirable conduct (discrimination), when on the basis of
age, sexual orientation, disability, racial or ethnic origin, religion or beliefs one strives to violate or
violates the dignity of a person and strives to create or creates an intimidating, hostile and
degrading or offensive environment.
6. Instruction to discriminate on the basis of a person’s age, sexual orientation, disability, racial or
ethnic origin, religion or beliefs shall constitute discrimination, which is defined in paragraph 3 of
this Article.
CHAPTER II
IMPLEMENTATION OF EQUAL TREATMENT
Article 3. Duty of State and Local Government Institutions and Agencies to Implement Equal
Treatment
State and local government institutions and agencies must within the scope of their competence:
1) ensure that in all the legal acts, drafted and passed by them, equal rights and treatment would
be laid down without regard of age, sexual orientation, disability, racial or ethnic origin religion or
beliefs;
2) draft and implement the programmes and measures, designated for ensuring equal treatment
regardless of age, sexual orientation, disability, racial or ethnic origin, religion or beliefs.
3) In the manner prescribed by the laws by the laws, provide assistance to the programmes of
religious communities, associations and centres, other non-government organisations, public
agencies and charity and sponsorship foundations, which assist in the implementation of equal
treatment of persons without regard to their age, sexual orientation, disability, racial or ethnic
origin, religion or beliefs.
Article 4. Duty of Educational Institutions, Science and Academic Institutions to Implement Equal
Treatment
1. Educational institutions, science and academic institutions must ensure equal conditions for
persons regardless of their age, sexual orientation, disability, racial or ethnic origin, religion or
beliefs when:
1) admitting to schools of general education, vocational institutions, college level and university
schools and refresher, retraining and other courses;
2) awarding study grants and providing loans for studies;
3) drawing up, drafting, approving and also, selecting curricula;
4) assessing knowledge.
2. Educational institutions and science and academic institutions, and those carrying out the
informal adult education programmes must, within the scope of their competence, ensure that that
in the curricula and textbooks there would not exist any discrimination or propagation of
discrimination on grounds of person’s age, sexual orientation, disability, racial or ethnic origin,
religion or beliefs.
Article 5. Duty of Employer to Implement Equal Treatment at Work, in Public Service
When implementing equal treatment the employer, regardless of the person’s age, sexual
orientation, disability, racial or ethnic origin, religion or beliefs, must:
1) apply equal recruitment criteria and employment conditions when employing or recruiting to the
public service except in the cases set forth in sub-paragraphs 1,2,3,4 and 5 of paragraph 3 of
Article 2 of this Law;
2) provide equal working and public service conditions, opportunities to improve qualifications,
seek more advanced vocational training, be retrained, acquire practical work experience and grant
equal benefits;
3) use equal criteria in evaluating work and the performance of public officers;
4) apply evaluation criteria of dismissal from work and from public service;
5) provide equal pay for equal work or work of equal value;
6) take measures to prevent harassment of an employee or a public servant;
7) take measures to prevent sexual harassment of an employee or public servant;
8) take measures to prevent persecution of or an employee or public servant, who filed a complaint
on discrimination to be protect him from hostile behaviour and negative consequences;
9) take appropriate measures to provide conditions for the disabled to obtain work, to work, to a
career or to study, provided that the duties of the employer would not be disproportionately
burdened as a result.
Article 6. Implementation of Equal Treatment in Sphere of Consumer Protection
When implementing equal treatment, the salesperson, manufacturer of goods, or service provider,
regardless of a person’s age, sexual orientation, disability, racial or ethnic origin, religion or beliefs,
must:
1) create equal conditions for all consumers, regardless of their age, sexual orientation, disability,
racial or ethnic origin, religion or belief to obtain the same products, goods and services, including
the provision of housing and applying equal pay terms and guarantees for the same products,
goods and services and those of equal value.
2) when providing information on products, goods and services or advertising them ensure, that
there would be no humiliation, scorn, restriction of rights or granting of privileges based upon age,
sexual orientation, disability, racial or ethnic origin, religion or beliefs and no formation of public
opinion about the superiority or inferiority of a person due to the latter grounds.
CHAPTER III
VIOLATION OF EQUAL TREATMENT
Article 7. Acts of Employer Violating Equal Treatment
The acts of an employer shall be deemed as violating equal treatment, if due to a person’s age,
sexual orientation, disability, racial or ethnic origin, religion or beliefs he:
1) applies less (more) favorable condition of employment or recruitment to public service;
2) provides different pay for equal work o work of equal value;
3) in organising work or public service, creates worse (better) conditions of work, service,
qualification or vocational training, retraining, and work experience acquisition for an employee or
public servant;
4) imposes a sanction on an employee or public servant, changes working, or public service
conditions, transfers him to other work, position, terminates the employment contract or dismisses
from the public service;
5) persecutes the employee or public servant, who has filed a complaint regarding discrimination,
fails to take measures, to protect the employee or public servant from hostile behavior or negative
consequences.
Article 8. Acts of Educational Institutions, Science and Academic Institutions, Violating Equal
Treatment
The acts of educational, science and academic institutions shall be deemed as violating equal
treatment if due to a person’s age, sexual orientation, disability, racial or ethnic origin, religion or
beliefs:
1) different requirements and conditions are applied in accepting for admission to learn or study,
for drawing up, drafting, approving and selecting curricula and assessment of knowledge;
2) different opportunities are established for choosing subjects being taught;
3) study grants are awarded and loans for studies are provided;
4) a pupil or student of educational institutions, science and academic institutions, who has filed a
complaint on discrimination, is being persecuted and no measures are being taken to protect the
pupil or student from hostile behaviour, humiliation of his honour and dignity or from negative
consequences which may arise in his regard.
Article 9. Acts of Salesperson, Manufacturer of Goods or Service Provider, Violating Equal
Treatment
The actions of salesperson, manufacturer of goods or service provider shall be deemed as
violating equal treatment, if due to a person’s age, sexual orientation, disability, racial or ethnic
origin, religion or beliefs:
1) different conditions are set for obtaining the same products, goods and services, including the
provision of housing, different payment conditions or guarantees are applied for the same
products, goods and services and those of equal value or different opportunities are provided for
choosing goods or service;
2) when providing information on products, goods and services, or advertising them, public opinion
is formed that a person of a certain age, of a certain sexual orientation, disability, racial or ethnic
origin, religion or beliefs, is superior or inferior than the other.
Article 10. Discriminating Advertisements
In job, civil service or education opportunities advertisements it shall be prohibited to specify
requirements giving priority to persons of a certain age, a certain sexual orientation, healthy
persons, persons of a certain race or ethnic origin and persons professing a certain religion or
certain beliefs.
Article 11. Rights of a Person Who Is Being Discriminated Against
A person, who thinks that the discriminatory actions specified in this Law, have been directed
against him, or that he has become a subject of harassment, shall have the right to appeal to the
Equal Opportunities Ombudsman.
CHAPTER IV
CONTROL AND SUPERVISION OF IMPLEMENTATION OF THE LAW
Article 12. Supervision of the Implementation of the Law
The Equal Opportunities Ombudsman shall supervise the implementation of the Law on Equal
Treatment in the manner prescribed by the Law on Equal Opportunities of Women and Men.
CHAPTER V
ACCEPTANCE OF APPEALS AND INVESTIGATION OF COMPLAINTS
Article 13. Acceptance, Investigation of Complaints, Decisions
1. Complaints regarding the violation of the Law on Equal Treatment shall be filed with the Equal
Opportunities Ombudsman.
2. Complaints regarding the violations of equal treatment shall be examined and decisions
concerning them adopted in the manner prescribed by the Law on Equal Opportunities of Women
and Men.
CHAPTER VI
FINAL PROVISIONS
Article 14. Entry into Force of Law
This Law shall enter into force on 1 January 2005.
I promulgate this Law passed by the Seimas of the Republic of Lithuania.
PRESIDENT OF THE REPUBLIC: ROLANDAS PAKSAS
ANNEX to Republic of Lithuania Law on Equal Treatment of 18 November 2003 No IX-1826
LEGAL ACTS OF THE EUROPEAN UNION BEING IMPLEMENTED
1. Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment
between persons irrespective of racial or ethnic origin.
2. Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal
treatment in employment and occupation.