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Job discrimination, also known as employment discrimination, exists when an employer treats certain employees unfavorably because of certain attributes such as race, sex, age, physical disability, and sexual orientation, among others. Portugal, inclusive of Algarve, has stringent laws in place that make it illegal for employers to engage in discriminatory practices either in the recruitment process or during employment.
Legal help may be essential in cases of suspected job discrimination. Common situations include wrongful termination due to pregnancy, reduced hours or dismissal due to a physical disability or poor treatment due to race or gender. A lawyer will help to assess the validity of your claim, negotiate with your employer or take your case to court if necessary.
In Portugal, Constitutional Law, the Labor Code, and General Labor Law all prohibit discrimination on the basis of sex, race, nationality, age, physical or mental disability and sexual orientation. Additionally, there is a legal framework in Portugal that prohibits unequal treatment in relation to access to employment, working conditions, and career progression. Discrimination is also prohibited in relation to membership and involvement in trade union organizations and activities.
Any unfair treatment based on attributes including race, sex, age, physical disability, religion, nationality or sexual orientation can constitute job discrimination under Portuguese law. This can occur during the hiring process, in terms of remuneration, promotion opportunities, access to training, working conditions, and termination of contracts.
If you believe you have been discriminated against, you may file a complaint with the Authority for Working Conditions (ACT). You may also consider seeking legal advice or representation.
No, employers are prohibited by law from retaliating or punishing employees for reporting job discrimination or workplace harassment, or for participating in an investigation or legal proceeding regarding these matters.
Yes, if a case cannot be resolved out of court, you can bring a case before the Labour Court or, in certain circumstances, the Public Prosecutor's Office.
Possible outcomes include reinstatement at work, compensation for material and moral damages, and penalties for the employer. Each case is different, an experienced attorney can give you a more precise understanding of potential outcomes.
The Authority for Working Conditions (ACT) is a governmental body that can offer assistance. For non-governmental sources, you can reach out to organizations such as the Portuguese Association for Victim Support (APAV) or the Portuguese Association of Women Jurists (APMJ).
If you need legal assistance in a case of job discrimination, it's advisable to contact a legal professional in the niche, who can guide you through your rights, your employer’s obligations, and any potential remedies. Keep a record of any instances of suspected discrimination. This can provide supporting evidence if you decide to pursue a complaint or legal action.
