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Spain: Equal opportunities

Original and updating author: Javier Gutiérrez, Jones Day

Consultant editor: Silvia Bauzá, Hogan Lovells International LLP Madrid


  • 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)
  • 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)