LGBTI Harassment prevention obligation

PROTOCOL FOR THE PREVENTION OF HARASSMENT OF LGTBI PERSONS

Law 4/2023, of the 28th of February, for the real and effective equality of trans people and for the guarantee of the rights of LGTBI persons (Ley 4/2023, de 28 de febrero, para la igualdad real y efectiva de las personas trans y para la garantía de los derechos de las personas LGTBI), in its article 15 on LGTBI Equality and non-discrimination in companies stipulates that companies must have a protocol for the prevention of harassment of LGTBI persons:

Companies with more than fifty employees must have, within twelve months of the entry into force of this law, a planned set of measures and resources to achieve real and effective equality for LGTBI individuals, including an action protocol for dealing with harassment or violence against LGTBI individuals. To this end, the measures will be agreed through collective negotiation and agreed with the legal representation of the workers. The content and scope of these measures will be developed according to regulations.
Through the LGTBI Participation Council, good practices carried out by companies in terms of LGBTI inclusion and the promotion and guarantee of equality and non-discrimination on the grounds contained in this law will be compiled and disseminated.

DISCOVER OUR CHANNEL FOR REPORTING MORAL HARASSMENT, SEXUAL HARASSMENT AND HARASSMENT OF LGTBI PERSONS:

Protocolo Acoso Sexual Plan Igualdad Discover our harassment prevention protocol here.

lgtbi-modified Discover our harassment prevention protocol here.

PRESUMPTION OF GUILT IN THE ABSENCE OF A PROTOCOL FOR THE PREVENTION OF LGTBI INDIVIDUALS:

Article 66 of the aforementioned law lays down rules concerning the burden of proof in case of conflict:

1. In accordance with the provisions of the procedural and regulatory laws governing administrative procedures, when the plaintiff or the interested party alleges discrimination on grounds of sexual orientation and identity, gender expression or sexual characteristics and provides well-founded evidence of its existence, it shall be incumbent upon the defendant or the party to whom the discriminatory situation is attributed to provide an objective and reasonable demonstration of the measures adopted and of their proportionality.

2. For the purposes of the provisions of the previous section, the judicial or administrative body, either ex officio or at the request of the person concerned, may request a report from the public bodies competent in matters of equality and non-discrimination on the grounds provided for in this law.