Spain
Overview
Please review the information below and then return to the workplace harassment prevention course.
Harassment and discrimination based on a protected characteristic are prohibited under national law.
Applicable Laws
The primary national laws prohibiting employment discrimination and harassment on the basis of any protected characteristic are:
- The Workers’ Statute,
- Law 15/2022, for Equal Treatment and Non-discrimination,
- The Constitutional Act 3/2007, for Effective Equality between Men and Women, and
- The Law Guaranteeing Sexual Freedom
Workplace bullying is subject to penalty under the Penal Code.
Protected Characteristics
Harassment or discrimination based on any characteristic set forth below is prohibited in Spain.
- Gender
- Marital status
- Age
- Racial or ethnic origin
- Social circumstances
- Religious or moral convictions
- Ideology
- Sexual orientation
- Registration or non-registration with a union
- Language
- Disability
Regional, state or other political subdivision laws may provide additional, separate standards and remedies for certain prohibited conduct.
Definitions
Sexual Harassment
Sexual harassment is any form of verbal or physical conduct of a sexual nature with the purpose or effect of violating the dignity of a person, in particular when creating an intimidating, degrading or offensive environment.
Sex-based Harassment
Sex-based harassment is any behaviour prompted by a person’s sex with the purpose or effect of violating his or her dignity, creating an intimidating, degrading or offensive environment.
Filing a Claim in Spain
A claim for employment discrimination or harassment in court.
Potential Remedies
In Spain, an employee who has experienced workplace discrimination or harassment may be entitled to monetary and other remedies. An employer may be required to take certain actions to correct or redress discriminatory harassment or violations of workplace safety standards. Potential remedies are listed below.
- Compensation for lost wages and benefits
- Damages for injury to dignity or feelings
- Cease and desist orders
Retaliation Prohibited
Employer retaliation against an employee who files a complaint relating to discrimination or harassment or is involved in the complaint process is unlawful.
The information contained on this page is for informational purposes only.
It does not, and is not intended to, constitute legal advice.