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The burden of proof shifts to the employer — and you have 3 years to complain
Updated July 2026

⚖️ Can an employer refuse to hire me, underpay me or dismiss me because of a personal characteristic?

No
Quick answer

No. The ban runs from the job advert all the way to pay and dismissal. Protection covers sex, race, ethnicity, language, religion, sexual orientation, gender identity, pregnancy, age, disability, health, family and economic status, and any other protected ground. Equal work, or work of equal value, requires equal pay. A complaint to the KMD must be filed within 3 years of the discrimination, or 1 year from becoming aware of it. The myth that stops people before they start: “I need an email where the boss admits it”. You do not. Once you present facts that raise a presumption of discrimination, the burden of proof shifts to the employer.

📋 The rules

  • Protection covers sex, race, ethnicity, language, religion, belief, sexual orientation, gender identity, pregnancy, age, disability, health, family, economic and social status, and any other protected ground.
  • The ban covers the job advert, recruitment, training, promotion, working conditions, pay and dismissal.
  • Equal work, or work of equal value, requires equal pay; the comparison covers basic pay, bonuses and benefits in cash or in kind.
  • Where the employee presents facts giving rise to a presumption of discrimination, the burden shifts to the employer to prove an objective, non-discriminatory reason.
  • A complaint to the KMD is filed within 3 years of the discrimination or 1 year from becoming aware of it; a court claim may be brought no later than 5 years from the conduct and 3 years from becoming aware.

🔓 Exceptions

  • A genuine and determining occupational requirement can justify a difference in treatment, but only where the aim is legitimate and the requirement proportionate.
  • A pay difference based on objective criteria — the nature, quality and quantity of the work, experience, responsibility and working conditions — is not in itself discrimination.
  • Temporary measures aimed at achieving substantive equality or correcting under-representation are not discrimination where they are necessary and proportionate.

⚠️ Penalties & fines

Under the general anti-discrimination law, a legal person can be fined 60,000–600,000 lek; aggravated forms can double the measure. Law no. 64/2025 on gender equality provides, for its own breaches, a fine of 120,000–200,000 lek on a legal person — without excluding pecuniary and non-pecuniary damages. These are new lek: in conversation you will hear them as “600 thousand to 6 million” and “1.2 to 2 million” old lek. And they are not two versions of one fine — the authority and the specific breach determine which regime applies.

📎 Official sources

Last verified: 2026-07-12

❓ Frequently asked

Do I need direct proof, like an email from the boss?

No. Proof can be built from comparators, chronology, statistics, messages and different treatment. Once a presumption of discrimination arises, the burden shifts to the employer.

How long do I have to complain to the KMD?

Within 3 years of the discrimination, or within 1 year from the day you became aware of it. Court deadlines are 5 years from the conduct and 3 years from becoming aware.

A colleague earns more for the same job. Is that discrimination?

Not necessarily. Differences based on objective criteria such as experience, responsibility or quality of work are not in themselves discriminatory, but the employer carries the burden of proving them.

Why do two different fine ranges circulate?

Because they come from two different laws, not two versions of one figure. The general law provides 60,000–600,000 lek, while Law no. 64/2025 on gender equality provides 120,000–200,000 lek.

Can I be dismissed because I am pregnant?

No, pregnancy is expressly a protected ground. The ban runs from the job advert and recruitment through pay to dismissal, so a dismissal motivated by pregnancy amounts to discrimination.

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