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What it is

Fines and penalties for discriminating against people with disabilities

BOE step 7 of 7 · Passed

It is a government bill. Introduced by the Government. It was introduced on 16 January 2006. Introduced by: Gobierno.

Official title: Government bill establishing the regime of infractions and sanctions in matters of equal opportunities, non-discrimination, and universal accessibility for persons with disabilities.

Follow this law

Source: Congreso de los Diputados, file 121/000074· updated 11 Nov

Automatic summary, not yet reviewed

  1. The law creates a system of infractions and penalties to guarantee equal opportunities, non-discrimination and accessibility for people with disabilities. It applies across Spain, though Autonomous Communities may add their own rules.
  2. Infractions are classified as minor, serious or very serious. Minor ones are mere formal irregularities; serious ones include less favorable treatment or refusing reasonable accommodations; very serious ones include harassment related to disability.
  3. Penalties are fines from €301 up to €1,000,000. Minor infractions cannot exceed €30,000 and serious ones €90,000. The amount is set based on criteria such as intent, repeat offenses or profit gained.
  4. At the state level, additional infractions are listed, such as obstructing inspections, denying a reasonable accommodation or degrading treatment due to disability, with tiered fines ranging from €301 to €1,000,000.
  5. Minor infractions expire after one year, serious ones after three years and very serious ones after four years. Penalties expire after one, four and five years, respectively.
  6. Paying the fine does not release anyone from meeting accessibility and non-discrimination obligations. In very serious cases involving serious risk to health or freedom, the facility can be temporarily closed or the service suspended.

Who it affects

  • Companies and entities providing goods or services to the public: They must meet accessibility and non-discrimination rules or face fines.
  • People with disabilities, their families and their organizations: They can file complaints and take part as interested parties in penalty proceedings.
  • The General State Administration (Administración General del Estado): It investigates and penalizes infractions affecting more than one Autonomous Community.
  • Autonomous Communities: They may set their own infractions and penalties, respecting the common state minimum.

Words worth knowing

Ajuste razonable (reasonable accommodation)
A specific, necessary adjustment so a person with a disability can access a place, service or job on equal terms.
Acoso (harassment)
Conduct related to disability that violates a person's dignity or creates an intimidating or offensive environment.
Prescripción (statute of limitations)
The period after which the law no longer allows an infraction to be penalized or a penalty to be enforced.
Medida cautelar (precautionary measure)
A temporary decision taken during the proceedings to prevent harm while the case is being resolved.
Reincidencia (repeat offense)
Committing more than one infraction of the same kind within a set period, here one year.

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

Where it stands

How far did it get?

It took 7 of 7 steps. It reached BOE, and today it is passed.

  1. Introduced16 January 2006Someone registers the text in the Congreso.
  2. Admitted24 January 2006The Bureau of the Congreso accepts it and, for a members’ bill, the plenary decides whether to consider it.
  3. Amendments27 January 2006Groups propose changes.
  4. Committee10 May 2006A committee goes through the text in detail.
  5. Plenaryno dateAll 350 deputies vote.
  6. Senate21 November 2007The Senate can pass it, amend it or veto it.
  7. BOE17 December 2007It is published in the Official State Gazette (BOE) and comes into force.
See the 8 official steps on a timeline
Mar 2006Jun 2006Sept 2006Dec 2006Mar 2007Jun 2007Sept 200711. 16 January 2006: Presentación22. 24 January 2006: Comisión de Trabajo y Asuntos Sociales Publicación desde 24/01/2006 hasta 27/01/200633. 24 January 2006: Calificación44. 27 January 2006: Comisión de Trabajo y Asuntos Sociales Enmiendas desde 27/01/2006 hasta 10/05/200655. 10 May 2006: Comisión de Trabajo y Asuntos Sociales Informe desde 10/05/2006 hasta 24/10/200766. 24 October 2007: Comisión de Trabajo y Asuntos Sociales Aprobación con competencia legislativa plena desde 24/10/2007 hasta 21/11/200777. 21 November 2007: Senado desde 21/11/2007 hasta 17/12/200788. 17 December 2007: Concluido - (Aprobado con modificaciones) desde 17/12/2007 hasta 29/01/2008

Was there a plenary vote?

We have no plenary vote linked to this law in the Congreso’s data.

What happens next

What happens now?

It is law, or will be once published in the BOE. It comes into force on the date its own text sets.

The same initiative in the other chamber:

Published in the BOE: Ley 49/2007, de 26 de diciembre, por la que se establece el régimen de infracciones y sanciones en materia de igualdad de oportunidades, no discriminación y accesibilidad universal de las personas con discapacidad.

Sources

Where does all this come from?

  • The data comes from the open files of the Congreso, the Senate and the BOE, unaltered.
  • Each deputy’s province is the one of their seat on the day of the vote.
  • We only say “passed” or “rejected” when the majority needed is certain; otherwise we say which side had more votes.

Read the full method · Report an error