Spain Enacts Groundbreaking Regulation to Protect LGTBI Workers from Discrimination
On Tuesday, the Council of Ministers in Spain took a historic step forward by approving a royal decree aimed at combating workplace harassment targeted at the LGTBI community. This regulation mandates that companies with over 50 employees implement measures to ensure equal treatment and protect against discrimination.
In a press conference following the Council meeting, Yolanda Díaz, the second vice president and Minister of Labor, emphasized that this regulation represents a move towards greater democracy in the workplace and addresses one of the most severe forms of discrimination still prevalent in Spain. Notably, she highlighted that four out of ten transgender individuals are often excluded from the labor market by the selection process, while over 42% of LGTBI individuals report experiencing discrimination openly.
The path to this regulation was not easy; negotiations lasted over six months and involved reaching an agreement with employer organizations and unions as of May. It was only recently, ten days prior to the announcement, that Díaz received feedback from the Council of State on the proposed decree. This royal decree stems from an accord with social agents reached in June and is part of the broader Trans Law that was enacted a year ago.
The drafted regulation, which has been shared with employer organizations, outlines a series of measures designed to foster LGTBI equality and eliminate discrimination in workplaces. Among these are protocols detailing how to handle situations involving harassment based on sexual orientation and gender identity or expression. Companies are required to include these measures in their collective agreements within three months or six months if no such agreements exist.
Key components of the regulation include: 1. Clauses for Equal Treatment: Explicit references to sexual orientation, gender identity, gender expression, and sexual characteristics must be included in company policies. 2. Enhancing Employment Opportunities: Access to training especially in recruitment processes will be established with clear, objective criteria. 3. Professional Development: Equal criteria for promotions and career advancements will be enforced to ensure all employees have equal opportunities for growth. 4. Inclusive Training Programs: Training sessions will incorporate modules that focus on the rights of LGTBI individuals and promote a culture of equal opportunities and non-discrimination throughout the workforce. 5. Diverse Work Environments: Employers will be encouraged to foster diverse and inclusive workplace settings. 6. Equal Rights to Benefits: The regulation will ensure that all employees, including LGTBI domestic partners and families, have equal access to permissions and social benefits. 7. Disciplinary Measures: The disciplinary frameworks established in collective agreements will also include infringements related to violations of sexual freedom and identity rights of employees. 8. Harassment Protocols: The proposed procedures for handling reports of harassment will emphasize prompt investigations, victim confidentiality, protection against reprisals for complainants, and measures to separate victims from alleged perpetrators during investigations.
Díaz's announcement marks a transformative moment in the effort to promote a fair and equitable workplace for all, particularly in addressing the systemic issues that have marginalized LGTBI individuals in the employment sector. Through the implementation of this royal decree, Spain aspires to create safer, more inclusive work environments for its diverse population and to uphold the dignity and rights of every worker, regardless of their sexual orientation or gender identity.
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