Harassment is not only sexual or sex-based. The Workers' Statute also protects against harassment on grounds of racial or ethnic origin, religion or beliefs, disability, age or sexual orientation (article 4.2.e).
LGTBI people
- Discrimination on grounds of sexual orientation, sexual identity, gender expression or sex characteristics is prohibited (article 4.2.c).
- Companies with more than 50 workers must have a planned set of measures for the equality of LGTBI people, including a protocol against harassment or violence towards them, agreed with the workers' representatives (Law 4/2023, article 15).
If the employer knows and does nothing
It is a very serious offence for an employer that knows about this kind of harassment within its sphere of management not to take the measures needed to stop it, whoever the harasser is (LISOS, article 8.13 bis).
Source: Real Decreto Legislativo 2/2015, Estatuto de los Trabajadores (Workers' Statute, in Spanish), article 4.2.c) and e) · Ley 4/2023, para la igualdad real y efectiva de las personas trans y LGTBI (trans and LGTBI equality act, in Spanish), article 15 · Real Decreto Legislativo 5/2000, Ley sobre Infracciones y Sanciones en el Orden Social (labour offences and penalties, in Spanish), article 8.13 bis