New anti-discrimination law: what it guarantees and how it protects victims

Automatic summary, not yet reviewed

1. The law guarantees the right to equal treatment and prohibits discrimination based on grounds such as racial or ethnic origin, sex, age, disability, sexual orientation or gender identity, illness, language or socioeconomic situation, among others.
2. It applies to many areas of life: employment, education, health care, transportation, housing, services, justice, advertising, the internet, sports and artificial intelligence.
3. It defines the forms of discrimination: direct and indirect, by association or by mistake, multiple and intersectional, discriminatory harassment, retaliation and school segregation.
4. At work, employers may not ask about a candidate's health or discriminate in hiring, pay or dismissal. In housing, refusing a sale or rental based on any of the discrimination grounds is prohibited.
5. It creates the Independent Authority for Equal Treatment and Non-Discrimination, a body that assists victims, mediates, investigates and can go to court.
6. Discriminatory conduct is punished with fines from €300 to €500,000, depending on whether the offense is minor, serious or very serious.
7. If the victim provides evidence of discrimination, the defendant must objectively justify the treatment. In addition, unions and human rights organizations can defend affected people in court.
8. Victims have the right to information, free legal advice and comprehensive care, including health care, even if they do not file a complaint.

Who it affects

• Any person: Everyone living or acting in Spain is protected, regardless of nationality or administrative status.
• Companies and employers: They must avoid discrimination in hiring, working conditions and dismissal, and may not ask about candidates' health.
• Public administrations and private entities offering goods and services: They must guarantee equal treatment in their services and can be fined.
• Victims of discrimination: They can receive assistance, advice and reparation, and organizations can act on their behalf in court.

Words worth knowing

Discriminación interseccional (intersectional discrimination)

When several grounds of discrimination come together in the same person, for example being a woman and having a disability, creating a specific situation.

Ajustes razonables (reasonable accommodations)

Necessary adaptations so that people with disabilities can exercise their rights on equal terms, as long as they do not impose a disproportionate burden.

Acción positiva (positive action)

Differentiated treatment in favor of a discriminated group, to prevent or compensate its disadvantage, while that situation persists.

Medidas cautelares (precautionary measures)

Urgent court decisions to prevent harm before the trial ends, such as the immediate removal of discriminatory content.

It summarizes the law as published in the BOE. It is written by artificial intelligence and may contain mistakes: the official text is what counts. Read the official text · How we make summaries