Workplace discrimination in Spain

Overview

Spanish law prohibits workplace discrimination based on characteristics including nationality, sex, age, disability, religion, sexual orientation and more. If you believe you've experienced discrimination at work, there are formal channels to raise it.

Requirements

• Applies to all employees and job applicants, regardless of nationality or immigration status
• Covers hiring decisions, pay, promotion, working conditions and dismissal

Step-by-step process

• Document specific incidents as they happen — dates, what was said or done, and any witnesses
• Raise the issue internally first where safe to do so, through HR or your works council/union representative
• If unresolved, file a formal complaint with the Labour Inspectorate (Inspección de Trabajo y Seguridad Social, ITSS)
• Consider consulting a labour lawyer or union about whether a legal claim before an employment tribunal is appropriate

Required documents

• Written record of incidents and any supporting evidence
• Employment contract and, if relevant, dismissal or disciplinary documentation

Common mistakes

• Not documenting incidents as they happen, which makes a later complaint harder to substantiate
• Assuming nothing can be done as a foreign worker — the same anti-discrimination protections apply regardless of nationality

Practical tips

• Your identity as a complainant to the Labour Inspectorate is protected by law
• Unions offer free guidance on discrimination complaints, even for questions before you decide whether to file anything formally

How Tuchati can help

If you think you've experienced discrimination at work and aren't sure what to do first, Tuchati can help you understand the reporting channels available to you.