On Oct. 10, Spain’s regulation implementing its planned measures for the equality and nondiscrimination of LGBTQ+ individuals in companies took effect.
- This regulation outlines the negotiation procedure and the deadlines for conducting these negotiations with worker representatives.
- It also specifies the minimum measures that will apply if an agreement is not reached during the negotiation process.
Companies with 50 or more employees will have three months—until Jan. 11, 2025—to implement a planned set of measures for the equality and nondiscrimination of LGBTQ+ individuals. This period extends to six months for companies without legal worker representation.
During this time, negotiations must be articulated with worker representatives or the most representative unions in the sector if no legal representation exists within the company.
The minimum content of these measures will include:
- Adequate training for those involved in the selection processes, plus clear and specific criteria, which prioritize the training or suitability of the person for the position in the selection processes.
- Objective criteria, such as qualifications and abilities, for processes related to classification, professional promotion, and advancement.
- Training modules on the rights of LGBTQ+ individuals in the workplace.
- Active promotion of diverse workforces.
- Equality in social leave and benefits, including the rights to medical consultations and legal procedures, with special attention to transgender individuals.
- A disciplinary regime addressing behaviors that violate sexual freedom, sexual orientation, identity, and gender expression.
- An anti-harassment protocol that includes: 1) an explicit and firm commitment to not tolerate discriminatory practices; 2) application of the protocol to company workers, suppliers, customers, and visitors; 3) principles of agility, speed, diligence, privacy protection, dignity, confidentiality, protection against reprisals, contradiction, and victim restitution; and 4) a complaints procedure that can be filed by the victim or, with the victim’s express and informed consent, by another person.
Jesús Sánchez is head of international employment knowledge with DLA Piper in the Madrid metropolitan area. © 2024 DLA Piper. All rights reserved. Reposted with permission of Lexology.
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