At work you have the right not to be discriminated against, either when looking for a job or once employed, on grounds of sex, origin, age, disability, sexual orientation or identity, religion, beliefs, trade union membership or language, among others (Workers' Statute, article 4.2.c).
Direct and indirect
- Direct: treating a person less favourably than another in a comparable situation because of their sex (Organic Law 3/2007, article 6.1).
- Indirect: a rule that looks neutral but puts people of one sex at a disadvantage, unless it is objectively justified and necessary and appropriate (article 6.2).
- Giving an order to discriminate is also discrimination (article 6.3).
Pregnancy and retaliation
Any unfavourable treatment of a woman related to pregnancy or maternity is direct discrimination (article 8). So is any retaliation against someone who complains, claims or reports discrimination (article 9).
In practiceIf a company only promotes people who can always stay until 9 p.m., the rule
looks the same for everyone, but it may mainly exclude those who care for children or elderly relatives: you have to check
whether it is justified.
Source: Ley Orgánica 3/2007, para la igualdad efectiva de mujeres y hombres (Spanish Equality Act, in Spanish), articles 6, 8 and 9 · Real Decreto Legislativo 2/2015, Estatuto de los Trabajadores (Workers' Statute, in Spanish), article 4.2.c)