LGTBI protocol: deadline for larger companies

Law 4/2023 of 28 February, for the real and effective equality of trans people and the guarantee of the rights of LGTBI people, entered into force on 2 March 2023. Its article 15 gave companies with more than fifty employees twelve months from that date to have a planned set of measures and resources to achieve the real equality of LGTBI people, including an action protocol for dealing with harassment or violence against them. That period ended on Saturday, 2 March 2024.

Although the law was passed a year ago, this obligation was deferred to give companies time to adapt. The law provides that the measures be agreed through collective bargaining and with the employees’ legal representatives, and that their content and scope be developed by regulation. In addition, its sixth final provision amends the Law on Social Order Infringements and Penalties to sanction discriminatory conduct and harassment on grounds of sexual orientation, sexual identity, gender expression and sex characteristics, as well as requesting personal data on those matters in recruitment processes.

What article 15 requires

The obligation is not exhausted by approving a document. The law speaks of a planned set of measures and resources, which suggests a plan with objectives, actions and people responsible, and of a protocol for dealing with harassment or violence. A useful protocol usually specifies how a complaint is made, who handles it, what confidentiality guarantees exist and what precautionary and redress measures are envisaged.

The threshold is more than fifty employees, close to the one already applied to equality plans between women and men. For smaller companies the law does not impose this plan, but the general prohibitions on discrimination and the new classification of infringements do apply.

Negotiation and content

The measures must be agreed with the employees’ legal representatives. Where there are none, it is advisable to document the information and consultation process with the workforce. Although the content and scope will be specified by regulation, nothing prevents starting now with a diagnosis that reviews recruitment, training, promotion, pay, working environment and the reporting channel.

In companies that already have a protocol on sexual harassment and harassment on grounds of sex, the most practical step is to examine whether it can be extended or supplemented, so that there are no parallel procedures with different criteria. It is also advisable to check that recruitment forms and internal questionnaires do not ask for data on sexual orientation or identity, something the law now penalises.

What to review

If your company has more than fifty employees, the first thing is to check whether a set of measures and a protocol already exist, who approved them and when, and whether they were negotiated with the staff representatives. If not, the next step is to open that negotiation, document the meetings and set a timetable for approving the plan and communicating it to the whole workforce.

Companies close to the threshold must watch for the moment they cross it. It is also advisable to train those who manage people and those who investigate complaints. To determine the exact scope of the obligation in your case, consult your employment adviser.

Equality at work stops being a mere statement of intent and starts to require a plan.

This article is general information. It is not legal, tax or investment advice, and it does not take anyone’s particular circumstances into account.