In recent months, the obligation to have a protocol against discrimination based on sexual orientation or gender identity has gained increasing relevance in the actions of the Spanish Labour Inspectorate. The expectation is no longer that companies simply keep a document on file; instead, authorities now demand that the protocol be known, applicable, up to date and tailored to the company’s organisational reality.
For this reason, it is essential that organisations review whether their current arrangements truly comply with the law.
Legal requirements and social context
The Law 4/2023 of 28 February, in force in Spain, requires all companies with 50 or more employees to adopt, through collective bargaining, a protocol to prevent and respond to discrimination based on sexual orientation, gender identity or gender expression.
This legal change is the result of two key drivers:
- Regulatory factor: the influence of European equality and diversity directives, which call for effective mechanisms to combat discrimination.
- Social factor: a growing awareness in Spanish society of the importance of respect for diversity and inclusion, which has made this matter central to corporate reputation and people management.
In this context, an up-to-date LGTBI protocol is both a legal requirement in Spain and a strategic tool for sustainable workforce management.
Does the protocol exist or is it applied?
A fundamental question for many companies is whether their LGTBI protocol is an operational and effective tool or simply a generic document that exists on paper.
Experience shows that many organisations sanctioned by the Spanish Labour Inspectorate did indeed have a protocol, but it was outdated, unknown to staff or failed to guarantee confidentiality and protection for complainants.
Such protocols offer little protection against legal, financial or reputational risks.
Common shortcomings detected
The most frequent issues in Spanish companies include:
- Reliance on generic templates, with no adaptation to internal structures or communication channels.
- Lack of negotiation with workers’ representatives, rendering the protocol invalid in the eyes of the Labour Inspectorate.
- Absence of training and awareness, leaving employees unaware of the document.
- Unclear reporting channels, offering no real guarantees of confidentiality or protection.
- Failure to update the protocol in line with organisational or legislative changes.
These weaknesses reduce the preventive value of the protocol and increase the risk of penalties.
Warning signs that your protocol needs revision
There are several red flags that suggest your company’s protocol may not meet current Spanish standards:
- It was approved more than two years ago and has not been updated.
- No responsible person or monitoring body has been designated.
- The document does not establish timeframes, internal procedures or clear guarantees.
- Staff have not been informed about, or trained on, its application.
- Reporting channels do not ensure confidentiality or protection against retaliation.
If your company falls into any of these categories, its protocol is unlikely to withstand scrutiny by inspectors or courts.
Who should manage the protocol?
While the law in Spain does not always require a specific committee, it is essential to appoint an individual or body responsible for handling complaints and overseeing investigations.
This function must always guarantee confidentiality, impartiality and protection. The lack of a clearly identified responsible party has been one of the weaknesses most frequently highlighted in recent Labour Inspectorate actions.
Training and awareness
A protocol that is not supported by training and awareness is ineffective. Employees must know that the protocol exists, understand how to activate reporting channels and trust the protection measures in place.
Training should be delivered across the workforce, with special focus on line managers and those responsible for handling complaints. This is what ensures that the protocol becomes a living tool of prevention, rather than a formality.
In Spain, the LGTBI protocol is now a core element of labour compliance for companies with more than 50 employees. Having a document is not enough: it must be practical, negotiated, communicated and tailored to the company’s reality.
At Leialta, we work with organisations to design, review and implement LGTBI protocols with a practical and strategic perspective. Our aim is to ensure compliance with Spanish law while supporting the creation of inclusive, cohesive and sustainable workplaces.
Because prevention is not just about compliance: it is about protecting people, fostering respect and building a corporate culture based on diversity.
