Spain: A New Safe Environment
On 10 October 2024, Royal Decree 1026/2024, designed to guarantee non-discrimination in the workplace and promote effective equality among all employees, entered into force.
The main purpose of the aforementioned Royal Decree is to establish a planned set of measures aimed at preventing discrimination, difference in treatment, harassment and violence against the LGTBI collective. This includes the identification of preventive practices and mechanisms to detect any harm, prejudice or humiliation to people based on their sexual orientation.
The LGTBI protocol will be mandatory for companies with more than 50 employees. Those with less than 50 employees will not be obliged to implement it, although its adoption is strongly recommended as a protective measure for all employees. When quantifying the number of employees, all persons providing services in the company should be considered, regardless of the type of contract they have.
The LGTBI protocols must include a statement of principles expressing the company’s firm commitment against any form of harassment based on sexual orientation or identity, as well as a clear procedure for filing complaints and grievances. They should also include precautionary measures to protect the victim and separate the victim from the alleged harasser, among other provisions.
In summary, companies with more than 50 employees must guarantee non-discrimination and effective equality of all employees, and the rest of the companies, although not obliged, are recommended to do so.
