New law enforcing the equality of rights for trans and LGTBI people (update)

At a glance

• Law 4/2023 of 28 February 2023, on the equality of trans people and to guarantee the rights of LGTBI people, was published in the Official Gazette on 2 March 2023.
• Companies have until 2 March 2024 to comply with the requirements set in the Act.

Update: 7 March 2024

Spanish employers with more than 50 employees are reminded that 2 March 2024 was the deadline for implementation of an approved procedure for the promotion of the equality and the prevention of harassment of LGTBI people in the workplace. 

Although further regulation had been expected to provide more detail on the scope of these new requirements and information on what an employer’s procedure should encompass, this has not yet been published. Whether or not the requirements are enforceable in the absence of this additional regulation is arguable, but given that the overall requirements have already been legislated for, the practical approach is to ensure compliance as soon as possible.

Key measures under the Act

Companies with more than 50 employees have 12 months to ensure they have put in place a set of measures and resources for achieving the real and effective equality of LGBTI people in their workplace.

Measures should include having a procedure in place to prevent and deal with harassment or violence against LGTBI people as all discrimination based on 'sexual orientation and identity', 'gender expression' and 'sexual characteristics' within the employment relationship is prohibited.

For companies that fail to ensure equal treatment of their LGBTI employees, the law specifies a range of infringements in relation to equal treatment and non-discrimination based on sexual orientation and identity. The infringements are categorized as minor, serious and very serious. A company may be subject to a fine of up to EUR150,000.

All measures will be agreed through collective bargaining and agreed with the legal representatives of the workers, while the content and scope of these measures will be developed by regulation.

In addition, to protect the employment of LGBTI persons, the law amends the Law on Infringements and Sanctions in the Social Order (LISOS) and the Workers’ Statute.