New rules for companies by the LGTBI-Trans Law: LGTBI protocol and change to the Equality Plan
The new Law for the real and effective Equality of trans people and for the guarantee of the rights of LGTBI people, known as Trans Law, is in force from Thursday March 2. The new rule affects the companies with more than 50 employees that they must have a specific protocol to avoid discrimination against LGTBI workers.
This protocol must be agreed upon and in operation in a year and must include all the measures and resources offered by the company to guarantee the equality of the LGTBI collective, as well as the measures that the company would put into practice to prevent, detect and act in a case of harassment or violence against these workers. This group will also have priority when benefiting from the active employment policies of the State Public Employment Service (SEPE).
La 04 / 2023 includes among the possible causes of discrimination against employed workers the “sexual orientation and identity", "gender expression" and the "sexual characteristics”. And it establishes a list of violations in terms of equal treatment and non-discrimination based on sexual orientation and identity, gender expression or sexual characteristics, which are classified as minor, serious and very serious depending on the nature of the breached obligation. Fines can go up to $150.000.
Protocol of action in companies
In his Article 15, details that the set of measures that companies with more than 50 workers must have in order to achieve real and effective equality of people LGTBI, includes an action protocol for addressing harassment or violence against these people. And that for this the measures must be agreed through the Collective negotiation.
On the other hand, it also announces that through the Participation Council of LGTBI peopleand will collect and disseminate the good practice carried out by companies regarding the inclusion of collectives LGBTI and promotion and guarantee of equality and non-discrimination.
The new norm also establishes in its Article 14 a series of measures in the labor field so that public administrations guarantee in their employment policies the right of people not to be discriminated against for reasons provided for in this law. Among these measures, the creation of a badge that allows to recognize companies that stand out for the application of policies of equality and non-discrimination of people LGTBIas well as promoting the progressive implementation of equality indicators that take into account the reality of the collective LGTBI in the public and private sectors.
