We successfully represented Amston, a leading provider of strategic HR solutions, accused of discriminating against a job candidate.
The candidate’s complaint was examined by the Equal Opportunities Ombudsperson
A candidate not selected by the employer filed a complaint with the Equal Opportunities Ombudsperson, claiming that the decision was based on discriminatory grounds: age, ethnicity, views or beliefs. The candidate came to this conclusion because our client, in response to the candidate’s request to explain why he was not selected, replied that this was due to “cultural mismatches”.
We proved that the decision not based on discriminatory provisions
We were able to prove to the Equal Opportunities Ombudsperson that what was meant by “cultural discrepancies” was about the internal culture of the company that the candidate might not have fit. The Equal Opportunities Ombudsperson acknowledged that the candidate was not chosen because of their character and other personal qualities that could not be defined as “cultural” in the sense of equality. The candidate’s complaint was rejected.
Comments Amston Director Henrika Bivainienė: “The Sorainen team had the difficult task of representing our position since the feedback that was sent by email was indeed ambiguous, so it was necessary to explain how recruitment is done, what the process looks like, how businesses today choose their employees, and what criteria are essential. However, this was done perfectly well and the claim was rejected.” She continues – “We had worked with Žygimantas previously. We are confident that he and Sorainen are a team of professionals who know their job really well and are dedicated, and not only react quickly, but find a solution in any situation and help clients to feel safe and calm.”
Our team representing the client
The client was represented by partner Žygimantas Pacevičius and senior associate Jurgita Karvelė.