Portugal
Overview
Please review the information below and then return to the workplace harassment prevention course.
Harassment and discrimination based on a protected characteristic are prohibited under national law. National law also provides employees protection from bullying.
Applicable Laws
The primary national law prohibiting employment discrimination and harassment on the basis of a protected characteristic are is the Labour Code.
Employers have an obligation, under the Labour Code, to take measures necessary to protect employees’ psychological and physical safety. This obligation has been interpreted to require employers to prevent workplace bullying, regardless of whether the conduct is related to a protected characteristic.
Protected Characteristics
Harassment or discrimination based on any characteristic set forth below is prohibited in Portugal.
- Lineage
- Age
- Gender
- Sexual orientation
- Gender identity
- Marital status
- Family situation
- Economic situation
- Education
- Social origin or condition
- Genetic heritage
- Reduced capacity to work
- Disability
- Chronic illness
- Nationality
- Ethnic origin or race
- Territory of origin
- Language
- Religion
- Political or ideological beliefs
- Trade union membership
- Any other arbitrary ground
Regional, state or other political subdivision laws may provide additional, separate standards and remedies for certain prohibited conduct.
Definitions
Bullying
Bullying is unwanted behaviour occurring in the context of an application for a job or in the context of actual employment, occupation or professional training, which has the purpose or the effect of violating a person’s dignity, or of creating an intimidating, hostile, degrading, humiliating or offensive environment.
Sexual Harassment
Sexual harassment is unwanted unwanted verbal, non verbal, or physical behaviour of sexual nature, occurring in the context of an application for a job or in the context of actual employment, occupation or professional training, which has the purpose or the effect of violating a person’s dignity, or of creating an intimidating, hostile, degrading, humiliating or offensive environment.
Any unwanted verbal, non verbal, or physical behaviour of sexual nature, with the purpose or the effect described in the previous section.
Filing a Claim in Portugal
A claim for employment discrimination, harassment or bullying may be filed in court.
Potential Remedies
In Portugal, an employee who has experienced workplace discrimination or harassment may be entitled to monetary and other remedies. An employer may be required to take certain actions to correct or redress discriminatory harassment or violations of workplace safety standards. Potential remedies are listed below.
- Reinstatement to a position
- Compensation for lost wages and benefits
- Damages for injury to dignity or feelings
- Cease and desist orders
Retaliation Prohibited
Employer retaliation against an employee who files a complaint relating to discrimination or harassment or is involved in the complaint process is unlawful.
The information contained on this page is for informational purposes only.
It does not, and is not intended to, constitute legal advice.