Can discrimination be proved without a confession?
It can — and this is where people give up needlessly. There is no need for the employer to have confessed or written anything down. It is enough that you point to circumstances from which discrimination can reasonably be inferred — and then the burden of proof shifts to the employer: they must show the treatment rested on objective, non-discriminatory grounds. The protected grounds include sex, race, age, disability, religion, political belief, sexual orientation and other comparable circumstances. And watch the deadlines: a rejected applicant has three months, but a discriminatory dismissal during probation gives you only one month.
📋 The rules
- Discrimination is barred in hiring and dismissal
- Also in pay, training and promotion
- Circumstances from which it can be inferred suffice
- Then the burden of proof shifts to the employer
- Deadlines: 3 months; in probation, 1 month
🔓 Exceptions
- Different treatment may be lawful where the characteristic is a genuine occupational requirement
- A previous conviction may be discussed where it is genuinely relevant to the work
- An age requirement may be lawful where objectively necessary and proportionate
⚠️ Penalties & fines
Breaching the equal-treatment prohibition costs €140–350 for a natural person and €350–700 for a legal entity — but that is not the main point. The employee may additionally claim compensation for both financial loss and moral harm, and the amount of moral damages is set by the court, not by a fixed tariff. What you cannot do: a rejected applicant generally cannot force the employer to hire them, even where the refusal was discriminatory — but compensation can still be claimed. And one recent rule: since 22 October 2024 a job advertisement or contract may not require a particular foreign language unless it is objectively necessary for the work. Work aimed only at Latvia's home market does not justify it.
📎 Official sources
❓ Frequently asked
Do I need the employer to admit it?
You do not. It is enough to point to circumstances from which discrimination can reasonably be inferred — the burden then shifts to the employer to show an objective and lawful explanation.
How long do I have to go to court?
A rejected applicant has three months from the refusal. For discriminatory pay, conditions or promotion, three months from learning of it. During probation, only one month.
Can they ask about pregnancy at interview?
No. A job interview may not include directly or indirectly discriminatory questions — particularly about pregnancy, family status, religion or an irrelevant previous conviction.
Can a job ad require Russian?
Since 22 October 2024, an advertisement may not require a particular foreign language unless it is objectively necessary for the work. Work aimed solely at Latvia's home market does not justify it.
What can I claim?
Compensation for financial loss and for moral harm. The amount of moral damages is determined by the court rather than a fixed tariff. A rejected applicant generally cannot force a hiring.
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