Workplace Discrimination in Portugal: Protected Grounds, Evidence and Employee Rights

Portuguese labour law prohibits direct and indirect discrimination in employment.

The protection applies not only when a person is hired. It also applies to working conditions, pay, training, promotion, career progression and criteria used to select workers for dismissal.

But unfair treatment and legally prohibited discrimination are not always the same thing.

A discrimination case normally requires a connection between the disadvantage suffered and a legally protected factor.

The first task is therefore to identify exactly what treatment was different, who can be compared and what protected factor may explain the difference.

Which characteristics are protected?

Article 24 of the Portuguese Labour Code contains a broad list of protected factors.

They include, among others:

• ancestry;
• age;
• sex;
• sexual orientation;
• gender identity;
• marital status;
• family situation;
• economic situation;
• education;
• social origin or condition;
• genetic heritage;
• reduced work capacity;
• disability;
• chronic illness;
• nationality;
• ethnic origin or race;
• territory of origin;
• language;
• religion;
• political or ideological convictions;
• trade union membership.

The list is broad and the statutory wording is not designed as a narrow closed checklist.

What areas of employment are covered?

Equality protection applies to matters such as:

• recruitment;
• hiring conditions;
• training;
• professional development;
• promotion;
• career;
• remuneration;
• other financial benefits;
• criteria for selecting workers for dismissal;
• participation in representative structures.

So discrimination does not need to involve dismissal.

It can occur while the employment relationship continues.

Direct and indirect discrimination

Direct discrimination is the easier concept to recognise.

A worker is treated less favourably because of a protected factor.

Indirect discrimination can be less obvious.

A rule or practice may appear neutral but produce a particular disadvantage connected to a protected group, without adequate legal justification.

The correct classification depends on the real rule, comparator and effect.

Not every unequal treatment is unlawful discrimination

Employers can make distinctions between workers for legitimate reasons.

For example, differences can sometimes be justified by:

• different functions;
• different responsibilities;
• qualifications;
• experience;
• performance;
• seniority;
• objectively different working conditions.

The legal issue is whether the disadvantage is genuinely based on an objective and proportionate reason or instead on a prohibited factor.

Do not build the case only around the sentence:

"They treated me unfairly."

Identify the protected-factor connection.

The comparator can matter

Article 25 contains a special burden-of-proof framework.

A person alleging discrimination identifies the worker or workers in relation to whom they consider themselves discriminated against.

The employer must then prove that the difference in treatment is not based on a discrimination factor.

Portuguese case law also makes clear that the worker needs a factual basis for the discrimination allegation.

The special rule does not mean that merely using the word "discrimination" automatically transfers every issue of proof to the employer.

A strong case identifies:

• the different treatment;
• the comparator;
• the relevant protected factor;
• the surrounding facts.

Examples of situations to review

Potential discrimination issues can arise where:

• foreign workers doing equivalent work are paid less;
• an employee is denied promotion because of pregnancy or family status;
• a worker with a disability is treated less favourably without objective justification;
• a worker is selected for dismissal because of age or nationality;
• a worker is excluded from training because of a protected characteristic;
• a worker receives worse terms because of trade union membership;
• a candidate is rejected because of race or ethnic origin;
• a benefit is denied on a discriminatory basis.

The legal result always depends on evidence and comparability.

Pay discrimination

Pay differences are common sources of concern.

A lower salary is not automatically discrimination.

To analyse the issue, compare:

• role;
• functions;
• responsibility;
• experience;
• seniority;
• performance criteria;
• contractual structure;
• bonuses and benefits;
• protected characteristics.

Where the worker can establish the factual basis of protected discrimination and differential treatment, the special burden-of-proof rule becomes important.

Discrimination in dismissal selection

Article 24 expressly includes criteria for selecting workers for dismissal.

That means an apparently objective redundancy or restructuring process can require review if the selection may have been influenced by:

• age;
• nationality;
• sex;
• disability;
• family situation;
• trade union activity;
• another protected factor.

This does not mean every dismissal involving a protected worker is discriminatory.

The issue is whether the protected factor affected the treatment or selection.

Pregnancy and parental rights

Pregnancy and parental status receive additional legal protection beyond the general discrimination rules.

CITE has a specific role in equality between women and men, parental protection and related employment matters.

If the problem concerns:

• pregnancy;
• maternity;
• paternity;
• parental leave;
• sex discrimination;
• equal treatment between women and men,

special CITE procedures and opinions may be relevant.

Do not assume CITE is the universal forum for every nationality, age or other discrimination dispute.

The competent route depends on the type of discrimination.

ACT and inspection

The Autoridade para as Condições do Trabalho is the labour inspection authority for private-sector employment compliance.

A labour inspection complaint can be relevant where the employer is breaching equality or other Labour Code duties.

Inspection, legal negotiation and court proceedings serve different purposes.

A complaint to an authority does not automatically recover compensation for a worker.

Compensation for discrimination

Article 28 provides that a discriminatory act harming a worker or job applicant can give a right to compensation for financial and non-financial damage under general legal principles.

The amount is not a fixed statutory tariff.

Evidence can involve:

• lost salary;
• lost promotion opportunity;
• employment consequences;
• medical or psychological damage where properly evidenced;
• non-financial harm.

The remedy depends on the claim and the loss proved.

Protection against retaliation

Portuguese labour law also contains rules against abusive disciplinary sanctions.

A dismissal or other sanction imposed within one year after a complaint or other exercise of rights relating to equality, non-discrimination or harassment can fall under a statutory presumption of abusive sanction.

That does not make an employee immune from discipline for unrelated misconduct.

It does make timing and motive important.

Preserve the evidence

Useful material can include:

• employment contract;
• job description;
• payslips;
• salary bands;
• performance reviews;
• promotion records;
• emails and messages;
• recruitment communications;
• redundancy-selection documents;
• disciplinary documents;
• comparator information lawfully available to you;
• internal complaints;
• employer explanations.

Do not obtain confidential employee records unlawfully.

Use information you can lawfully preserve and identify what additional evidence may need to be requested through proper procedure.

A practical discrimination review

1. Identify the disadvantage

What exactly happened?

2. Identify the protected factor

Why do you believe that factor influenced the decision?

3. Identify a comparator where relevant

Who was treated differently in a comparable situation?

4. Check objective explanations

Role, seniority, performance and other lawful factors must be considered.

5. Preserve evidence

Do this before access to internal systems changes.

6. Choose the right complaint route

Internal process, ACT, CITE, legal demand or court action may serve different objectives.

7. Watch for retaliation

Keep records of what happens after the complaint.

Common mistakes

Treating all unfairness as discrimination

The protected factor and differential treatment need to be identified.

Using the wrong comparator

A meaningful comparator should be genuinely relevant to the decision being challenged.

Assuming a pay difference proves discrimination

Objective factors may explain a difference.

Assuming the employer's stated reason ends the analysis

Evidence can show whether the explanation is genuine and consistently applied.

Complaining without preserving records

Access to useful evidence can change quickly.

Assuming CITE handles every type of discrimination

Its core remit is specific. ACT and courts may be more relevant depending on the protected factor and remedy sought.

Frequently asked questions

Is nationality a protected factor?

Yes. Nationality is expressly included among the factors in Article 24.

Is age discrimination prohibited?

Yes, although Portuguese law also recognises limited justified age-based differences where necessary and appropriate for a legitimate objective.

Is unequal pay always discrimination?

No. The comparison must consider the work and legitimate objective factors. Where the difference is connected to a protected factor, discrimination rules can apply.

Who has to prove discrimination?

Article 25 contains a special burden-of-proof framework. The worker must establish the factual basis of the claimed discrimination and comparator context, after which the employer can bear the burden of showing the difference is not based on a discrimination factor.

Can I claim compensation?

A harmful discriminatory act can give a right to compensation for financial and non-financial damage.

What if I am disciplined after making a discrimination complaint?

The timing can be relevant under the rules on abusive sanctions. The disciplinary allegations still need to be reviewed on their own facts.

Do you believe you are being discriminated against at work in Portugal?

Send us the employment documents, the decision or treatment you are challenging, the relevant comparator information and any complaint already made.

Our lawyers can assess whether the facts fit the Portuguese discrimination framework, identify the strongest evidence and advise on complaint, negotiation or litigation strategy.