The law distinguishes two types of conduct, and both are always considered discriminatory (Organic Law 3/2007, article 7.3).
| Sexual harassment | Sex-based harassment |
|---|---|
| Verbal or physical behaviour of a sexual nature that violates dignity (article 7.1) | Behaviour based on a person's sex that violates their dignity and creates an intimidating, degrading or offensive environment (article 7.2) |
| Sexual comments, innuendo, touching, messages or images | Mockery, contempt or isolation for being a woman (or for being a man) |
The effect is enough
The harasser does not have to «want» to offend: the law speaks of the purpose or effect of violating dignity.
Blackmail
Making a right or an expectation (a contract, a promotion, a shift) conditional on accepting harassment is also discrimination on grounds of sex (article 7.4).
Every worker has the right to respect for their dignity and to protection against sexual and sex-based harassment (Workers' Statute, article 4.2.e).
Source: Ley Orgánica 3/2007, para la igualdad efectiva de mujeres y hombres (Spanish Equality Act, in Spanish), article 7 · Real Decreto Legislativo 2/2015, Estatuto de los Trabajadores (Workers' Statute, in Spanish), article 4.2.e)