PLAN LGTBI

As of April 9, 2025, companies with more than 50 employees are required to implement an LGTBI plan in accordance with Royal Decree 1026/2024, which develops Article 15.1 of Law 4/2023. This plan must include:
• Awareness and internal training measures.
• Protocols against discrimination and harassment.
• Equality clauses and respect for diversity.
Companies that fail to comply may face fines of up to €150,000.

Which Companies Must Implement It?
• Mandatory: companies with more than 50 employees.
• Voluntary: companies with 50 or fewer.
• Applicable to anyone who works for or collaborates with the company: employees, suppliers, clients, visitors, etc.

Mandatory Content of the Plans (Annex I)

  1. Equality and Non-Discrimination Clauses
    These must be included in company agreements or collective bargaining agreements, with explicit reference to sexual orientation, gender identity, gender expression, and sexual characteristics.

  2. Access to Employment
    Stereotypes must be eliminated through objective selection criteria. Those involved in hiring processes must receive training, with particular focus on trans people as a particularly vulnerable group.

  3. Job Classification and Career Promotion
    Objective criteria (ability, qualification, etc.) must be established to avoid direct or indirect discrimination in promotions and career development.

  4. Training, Awareness, and Inclusive Language
    All staff — including management — must receive specific training on:
    o The LGTBI measures included in the plan.
    o Basic concepts of sexual and gender diversity.
    o Support protocol for trans individuals (if applicable).
    o Prevention, detection, and response to harassment.
    Inclusive and respectful language regarding diversity should be promoted.

  5. Diverse, Safe, and Inclusive Work Environments
    Diversity in the workforce should be encouraged, along with active protection against LGTBIphobic behavior, particularly through anti-harassment and violence protocols.

  6. Leave and Social Benefits
    The plan must recognize and guarantee equal access to leave and benefits (medical appointments, legal procedures, etc.) for diverse couples and families without any form of discrimination.

  7. Disciplinary Measures
    Clear sanctions must be established for behaviors that violate sexual freedom, sexual orientation or identity, and gender expression of employees.

Anti-LGTBI Harassment Protocol (Annex II)
Must include:
• Strong commitment to zero tolerance.
• Broad scope of application: staff, suppliers, visitors, job applicants.
• Procedure guarantees: confidentiality, diligence, impartiality, victim protection, and restoration of conditions.
• Complaint and rapid response procedure, with binding report.
• Explicit prohibition of retaliation against whistleblowers, witnesses, or collaborators.

Procedure and Deadlines
• Companies must negotiate the plan with the workers’ legal representation.
• If no agreement is reached within 3 months, the minimum measures in Annex I apply.
• If there is no union representation, the most representative unions must be invited to participate. If they do not respond, the company may unilaterally implement the plan in accordance with the royal decree.

Sanctions for Non-Compliance (Law 4/2023, Art. 79)
• Minor: €200 – €2,000 (e.g., offensive expressions).
• Serious: €2,001 – €10,000 (e.g., discriminatory clauses, failure to remove offensive content online).
• Very serious: €10,001 – €150,000 (e.g., retaliation against whistleblowers, among others).

What Should Your Company Do Now?

  1. Verify whether it employs more than 50 people.

  2. Begin or conclude negotiation of the LGTBI plan.

  3. Apply minimum measures if no agreement is reached.

  4. Implement protocols, training, and clauses without exception.

  5. Ensure the plan is documented, signed, and active as of April 9, 2025.