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Anti-Discrimination Laws in Portugal
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Portugal

Anti-Discrimination Laws in Portugal

Brief Description of Anti-Discrimination Laws

Portuguese employment law prohibits any form of discrimination based on factors such as gender, race, age, nationality, disability, sexual orientation, religion, or political beliefs.

Employers must ensure equal treatment in all aspects of employment, including hiring, promotions, pay, and working conditions.

The law mandates equal pay for equal work, protects employees from harassment, and requires reasonable accommodations for workers with disabilities. Discrimination in recruitment is prohibited, and in cases of alleged discrimination, the burden of proof may shift to the employer.

Violations can lead to penalties and compensation for affected employees.

Extent of Protection

Discrimination based on any grounds is forbidden.

The law expressly prohibits discrimination grounded on parentage, age, sex, sexual orientation, gender identity, marital status, family situation, economic situation, education, origin or social conditions, genetic heritage, reduced work capacity, disability, chronic disease, nationality, ethnic origin or race, territory of origin, language, religion, political or ideological beliefs and affiliation with trade union, without prejudice of other discrimination grounds.

Mere orders or instructions aimed at harming someone based on a discriminatory factor constitutes discrimination.

The law prohibits direct discrimination, indirect discrimination, harassment and victimisation.

Protections Against Harassment

Portuguese employment law provides comprehensive protection against harassment in the workplace, covering both sexual and psychological harassment. The law foresees the following key types of protection and obligations:

  • Prohibition of Harassment: Harassment, whether of a sexual or psychological nature, is explicitly forbidden in the workplace. It is regarded as a violation of employees’ dignity and personal rights, and it disrupts the work environment.

 

  • Employer’s Duty to Implement Policies: Portuguese law requires employers to take active steps to prevent and combat harassment in the workplace. This includes the obligation to implement specific anti-harassment policies. These policies must clearly define what constitutes harassment, set out procedures for reporting and investigating complaints, and outline the consequences for perpetrators.

 

  • Victim Protection and Non-Retaliation: Victims of harassment are protected from any form of retaliation for filing a complaint. The law ensures that employees who report harassment are not subject to unfair treatment, dismissal, or any adverse actions by the employer as a result of their complaint.

 

In summary, Portuguese law not only prohibits harassment but also obliges employers to put in place clear policies and preventative measures to avoid and react against it.

Employer’s Obligation to Provide Reasonable Accommodations

Under Portuguese law, employers are required to provide reasonable accommodations to individuals with disabilities or chronic illnesses, including those undergoing treatment for active oncological disease. These accommodations are intended to ensure equal access to employment opportunities, allowing affected individuals to perform their job duties effectively. However, employers are not obligated to implement accommodations if doing so would place an undue burden on the organization, either financially or operationally.

In addition, Collective Regulation Instruments may establish specific rules concerning the provision of accommodations or the payment of allowances in certain sectors. These agreements can offer additional support for reasonable accommodations, particularly in cases where an employee is temporarily unable to perform their regular duties due to displacement or other work-related restrictions.

Remedies

The Portuguese Labour Code establishes that discrimination and harassment are forbidden and employees who are the object of discrimination or harassment acts may claim indemnification and compensation for monetary and non-monetary damages caused.  There is no fixed limit for the compensation award, which is determined on a case-by-case basis by the Labour Court, in accordance with the general civil liability rules.

Furthermore, failure to comply with the rules on discrimination and harassment constitutes a very serious administrative offence, punishable with fines that may go from 2,040 to 61,200 Euros.

Other Requirements

Public sector companies shall have a minimum representation of 33.3% of male and female members in the different governing bodies of the company.

In the private sector, companies are required to fulfil a minimum 33.3% from the first electoral general assembly.

By 30 June 2026, the under-represented sex should reach at least:

  • 40% of non-executive directorships; or
  • 33% of all directors, executive and non-executive, on management bodies.

 

The legal minimum quotas should apply to governing bodies that fulfil management functions, in any corporate governance model.

Minimum quotas for disabled employees (disability levels equal or over 60% disability classification) are also applicable to medium and large-sized enterprises, when engaging and organising their workforce. The quotas range from 1% to 2%, depending on the size of the Company.

These percentages are based on the average number of employees in the previous calendar year.

Employees or jobseekers who can fulfil these quotas must:

 

  • Be considered a disabled person, i.e. someone who, due to a congenital or acquired loss or anomaly of bodily functions or structures, including psychological functions, has difficulties which, in combination with normal environmental factors, limit or hinder their activity and participation on equal terms with other people;
  • Being able to carry out the activity for which they are applying without functional limitations, or, if they have functional limitations, these can be overcome by adapting the workstation or by using support products; and

Have a degree of disability equal to or greater than 60%.

Any questions

Ask our member firm SRS Legal in Portugal