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Spain: Equal opportunities

Original author: Jones Day

Updating author: Pablo Santos Fita, Andersen Tax & Legal

Consultant editor: Jesús Gimeno, Simmons & Simmons

See the legal services provided by the updating author of XpertHR International > Spain, including any discounts/offers for subscribers.


  • Direct and indirect discrimination in employment is prohibited on various grounds. (See General)
  • Difference in treatment on the prohibited grounds is permitted in certain circumstances. (See General exemptions)
  • Harassment and sexual harassment are prohibited. (See Harassment and sexual harassment)
  • Employees are protected against victimisation. (See Victimisation)
  • Employers are allowed to take positive action in certain circumstances. (See Positive action)
  • Employers with a specified number of employees are obliged to draw up and implement an equality plan. (See Active measures)
  • Employees who believe that they have suffered discrimination on the prohibited grounds may bring an action before a labour or civil court. Seeking compensation for the damages caused. (See Remedies and penalties)