Spanish Constitutional Court Dismisses Appeal Against Law 15/2022

11 June 2024 1 min read

By Jesus Garcia

At a glance

  • The Spanish Constitutional Court dismissed an appeal against Law 15/2022, which mandates gender perspective in interpreting laws and regulations.
  • The Court ruled that implementing a gender perspective promotes equality and respects constitutional values, without imposing any ideological orientation.
  • The Court also upheld limits during the hiring processes, asserting that the law pursues a legitimate objective in a proportionate manner, even if it limits contractual freedom.

The majority of the Spanish Constitutional Court dismissed an appeal based on  unconstitutionality which was filed by more than fifty members of the Spanish Parliament against Law 15/2022 of 12 July on equal treatment and non-discrimination (Law). 

The Law established that courts, public administrations and companies are required to interpret the provisions of any existing law or regulation from the gender point of view, in a methodological approach to any decision. The Court’s ruling rejects the argument that the progressive implementation of the gender perspective as a methodological approach and interpretative criterion aimed at promoting equality between women and men is against the Spanish constitutional principle on equal treatment and ideological freedom, as it does not impose any ideological orientation, but, on the contrary, promotes progress in respect for constitutional values. 

The challenge was also dismissed in relation to the limits established during the hiring process, on the basis that individuals are also obliged to respect fundamental rights, and the law pursues a legitimate objective in a proportionate manner, allowing this to limit the contractual freedom of the parties.

More to explore

Commission for the Defense of the Rights of People with Disabilities approves bill to expand workplace inclusion for people with autism

Commission for the Defense of the Rights of People with Disabilities approves bill to expand workplace inclusion for people with autism

A new bill requiring employers to adopt measures supporting autistic workers has cleared two legislative committees.

US federal: EEOC withdraws affirmative action guidance under Title VII

US federal: EEOC withdraws affirmative action guidance under Title VII

The EEOC has withdrawn two affirmative action guidance documents, stating that they are inconsistent with Title VII.

US federal: DOJ concludes disparate-impact liability guidelines under Title VII are unconstitutional

US federal: DOJ concludes disparate-impact liability guidelines under Title VII are unconstitutional

The DOJ has challenged disparate impact liability under Title VII, but employers should continue adverse impact monitoring.

US federal: OFCCP eliminates disability self-identification requirement: What federal contractors need to know before September 21

US federal: OFCCP eliminates disability self-identification requirement: What federal contractors need to know before September 21

US federal contractors must stop using Form CC-305 by 21 September 2026 as DOL rescinds key disability self-identification rules.

Tribunal upholds claims of indirect sex discrimination and harassment related to sex and gender critical belief over trans-inclusive toilets and changing policy

Tribunal upholds claims of indirect sex discrimination and harassment related to sex and gender critical belief over trans-inclusive toilets and changing policy

Tribunal rules NHS England’s trans-inclusive facilities policy was indirect sex discrimination and not justified under UK equality law.

New legislation on mobbing and discrimination (update)

New legislation on mobbing and discrimination (update)

Employers will have explicit obligations to set internal rules to prevent mobbing.

Questions? Launch AI Assist