Rights & Remedies
Presunção de Discriminação
Unjustified pay differences are presumed to be discriminatory, shifting the burden of proof to the employer.
Definition
Under Law no. 60/2018, 'Presunção de Discriminação' (presumption of discrimination) means that any differences in remuneration that an employer cannot objectively justify, based on criteria other than sex, are legally presumed to be discriminatory. This legal presumption shifts the burden of proof, requiring the employer to demonstrate that their remuneration policy and any existing pay gaps are non-discriminatory and based on objective factors.