New Initiatives to Address Gender Discrimination

In response to social pressure, particularly the demonstrations that took place across the country in March to protest gender discrimination, the Spanish government has announced new measures aimed at addressing this problem.

The governing party, the Spanish Socialist Workers’ Party (PSOE), has proposed changes to the Workers’ Statute Act, including a requirement that employers provide further pay information to workers’ representatives.

The PSOE has also approved a political action plan on dignity in employment relations. It includes specific measures to control and fight gender discrimination. The plan include the following employment-related measures:

• Investigating the gender pay gap: According to a 2016 salary survey, the gender pay gap in Spain is at 22.4 percent. The Spanish Labor Inspectorate has been tasked with investigating the gap in cooperation with labor authorities. This investigation will include:
• cross-analysis of data using the government’s fraud-fighting tools; and
• recommended actions that can be taken in coordination with the different regions of Spain.
  • Harassment complaints: A requirement that companies implement a harassment complaints procedure.
  • Harassment and discrimination reporting: The Labor Inspectorate’s mailbox will accept communications on gender and sexual orientation harassment in the workplace, as well as hiring discrimination communications, providing a new method for employees and candidates to report these issues to the Labor Inspectorate.

Training: An increase in specific training for Labor Inspectorates on these issues.

Comment

Spain, like other countries in the European Union, has had clear legislation for decades on gender discrimination (from the Spanish Constitution to the Equality Law, which was passed in 2007 and modified the Workers’ Statute Act). However, the recent demonstrations, coupled with social evolution on this topic, have added a sense of urgency to make those laws effective.

A new generation of individuals with different social values may change the situation that the law has been trying to address for decades.

Written by Lara Vivas and Jennifer Bel Antaki of Cuatrecasas and Roger James of Ogletree Deakins