LGBTQ+ workplace measures have been mandatory since October 2024

The Legal Framework — RD 1026/2024 and Ley 4/2023

Ley 4/2023, of 28 February, for the real and effective equality of trans persons and the guarantee of the rights of LGBTQ+ persons established in its Art. 15 the obligation for companies with more than 50 employees to implement a set of measures to guarantee equality of treatment and opportunity for LGBTQ+ persons in employment. Art. 26 classifies direct or indirect discrimination on grounds of sexual orientation, gender identity, or gender expression as a very serious infringement, with sanctions referred to the LISOS.

Royal Decree 1026/2024, of 8 October (BOE 24 September 2024, in force 10 October 2024), implements that mandate with five key provisions: (i) fixes the 50-employee threshold; (ii) sets out minimum content via an Annex; (iii) requires good-faith negotiation with the RLT; (iv) permits unilateral application of the Annex minimum where no agreement is reached; and (v) refers to the LISOS for sanctions.

Minimum Content — Four Blocks

Block 1 — Awareness and training: communication to all staff of the company’s commitment to LGBTQ+ equality; training for managers and supervisors on sexual and gender diversity; periodic awareness-raising actions across the workforce.

Block 2 — Harassment and violence protocol: a specific reporting channel or clearly signposted route through the general channel; a designated investigative committee; a defined investigation procedure with deadlines; precautionary measures during investigation; and disciplinary sanctions built into the company’s disciplinary code.

Block 3 — Trans-support measures: recognition and use of the employee’s chosen name in all internal documents — payslips, company cards, IT systems; facilitated leave or working-time adjustments for medical procedures related to gender transition; access to facilities consistent with gender identity; internal communication protocol when an employee undergoes transition.

Block 4 — Non-discrimination in employment: non-discrimination clauses in recruitment, selection, promotion, training, and remuneration processes by reason of sexual orientation, gender identity, or gender expression.

Negotiation with the RLT

The negotiation with the RLT (representación legal de los trabajadores — legally recognised employee representatives) is the central formal requirement of RD 1026/2024. Unlike harassment protocols, which may be adopted unilaterally where there are no employee representatives, the LGBTQ+ measures package requires good-faith collective negotiation where a works council or staff delegates exist.

The procedure mirrors the equality plan: constitution of a negotiating committee, a company proposal, negotiating sessions, and formalisation of the agreement in writing. If agreement is not reached after a reasonable period, the employer may apply the Annex minimum measures unilaterally — but failure to negotiate in good faith is itself an infringement under Art. 7.13 LISOS, regardless of whether measures are ultimately implemented.

Companies without employee representatives may apply the Annex minimum measures directly without negotiation, but must document the absence of representation.

Coordination with Equality Plan and Whistleblower Channel

Companies with more than 50 employees simultaneously manage three equality instruments:

1. Equality plan (LO 3/2007 + RDL 6/2019): women/men equality — pay gap, career access, work-life balance
2. Sexual harassment protocol (Art. 48 LO 3/2007 + Ley 15/2022)
3. LGBTQ+ measures package (Ley 4/2023 + RD 1026/2024)

These instruments can be coordinated but not merged. The LGBTQ+ harassment protocol may be integrated into the sexual harassment protocol provided the resulting document clearly distinguishes between each category of conduct and each has its own reporting pathway.

The Ley 2/2023 whistleblower channel obligation (also mandatory for 50+ employee companies) can be designed to serve all three instruments simultaneously — with differentiated guarantees of confidentiality, optional anonymity, and different response timelines depending on the nature of the report.

Sanctions and Inspection Risk

The Labour Inspectorate may initiate action on its own initiative (themed campaigns on equality and diversity), on complaint from employees or union representatives, or following a specific discrimination or harassment incident. The company must be able to immediately produce: the signed measures agreement, the date of its negotiation, its content, and evidence of training and awareness actions. Absence of documentation — even where measures exist in practice — is treated as non-compliance.

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