LGTBI protocol for companies in Spain: What you should know

Law 4/2023, of February 28, represents a legislative milestone in Spain with the aim of promoting real and effective equality for trans people and guaranteeing the rights of the LGTBI community. Precisely from the preamble of this law, the need to promote public policies that eradicate discrimination and ensure that all people can live their sexual orientation, gender identity and family diversity with complete freedom in Spain is clear. 

In this article, we delve into this law and explain its structure, who must implement it, as well as the importance of having an LGTBI protocol for companies. Go for it! 

Law 4/2023 in context 

First, you should know that Law 4/2023 is the result of a historic lawsuit by LGTBI associations, which have led the fight for the rights of the group for decades. The objective is to create an environment of respect, equality and non-discrimination, and take a step forward in consolidating a society that values ​​diversity and combats hate and prejudice. 

Regarding its structure, the law is organized into a preliminary title, three titles, and various provisions, including four additional ones, two transitional ones, one repealing one, and twenty final ones.  

Who should implement the LGTBI protocol for companies? 

The implementation does not belong to a single person or public actor but is a shared responsibility. Firstly, public power has a crucial role in developing measures to recognize, guarantee, protect and promote equal treatment and non-discrimination based on sexual orientation and identity, gender expression or sexual characteristics. This includes the defence of effective equality, and the adoption of measures to value diversity and the carrying out of studies and surveys on the situation of LGTBI people.  

On the other hand, according to Article 15 of the law, companies with more than 50 employees had to develop and implement an equality plan starting in February 2024. This means that companies have a responsibility to ensure that their employment policies and practices are aligned with the principles of equality and non-discrimination established in law.  

As we mentioned before, the law also establishes the creation of the LGTBI Participation Council. In this sense, both government institutions, private companies and civil society play an important role in the implementation of this law to achieve its objective of real and effective equality. 

Obligations of companies to comply with the law 

Without a doubt, Law 4/2023 is a fundamental step towards equality. However, beyond words, actions are needed to support it and guarantee its compliance. Therefore, the law establishes some obligations for companies. Below, we tell you the details. 

• LGTBI Equality Plan: we already told you that companies with more than 50 workers must develop an action plan and measures to promote LGTBI equality. This plan had a deadline to be implemented on March 2, 2024, that is, one year after the law came into force. 
• Protocol against harassment: in addition to the equality plan, companies must have an action protocol to address harassment or violence against LGTBI people. 
• Collaboration in the defense of effective equality: the law advocates the creation of a badge that recognizes companies that apply policies of equality and non-discrimination against LGTBI people. The inclusion in labour agreements of provisions to promote diversity and prevent, eliminate and correct any form of discrimination against LGTBI people is also encouraged.
• Ethical codes and protocols: the development of ethical codes and protocols is promoted to fight discrimination for the causes mentioned above.  

Importance of the LGTBI protocol for companies 

It may seem obvious, but that does not mean it should go unmentioned: the LGTBI protocol for companies is essential. And it allows us to foster an inclusive and respectful work environment, where real and effective equality for LGTBI and trans people is promoted. This protocol is a key tool to prevent and act against harassment and discrimination, ensuring that all employees, regardless of their sexual orientation or gender identity, are valued and treated fairly.  

In addition, it contributes to the company’s social responsibility, improves its public image and promotes a positive work environment, which can result in greater productivity and job satisfaction. Ultimately, the LGTBI protocol is a step forward towards diversity and equality, not only within companies but in society in general. 

You may be interested in reading about...

• Learn about the objectives and rationale of the Whistleblower Protection Act
• Main points of the Occupational Risk Prevention Law