Discrimination at work, home and services

It is for anyone thinking about moving to Spain, planning a move, or already living there. Each page covers one situation: hiring and job ads, pay and conditions, harassment at work, housing refusals and refused service. Each says what evidence to keep and who to turn to.

Start with "Lawful requirement or discrimination when renting or buying services". It shows how to tell a fair check, such as proof of income or a legal limit, from unlawful bias. Once you know the difference, move on to the page that matches your situation.

Disputes over dismissal, tenancy contract and deposit rules, and the general consumer complaint process are covered elsewhere.

Key rules

• Fine bands: Fines for discrimination in housing and services run up to 10,000 euros for minor breaches, 10,001 to 40,000 euros for serious ones and 40,001 to 500,000 euros for very serious ones.
• Burden of proof: Once you show indications of discrimination, the other side must prove its decision was objective and proportionate.
• Reasons for refusal: A private landlord or employer does not have to give reasons for refusing you, but cannot refuse on a protected ground.
• Dismissal claim deadline: If you are dismissed after complaining about discrimination, you have 20 working days from the dismissal to claim, after a conciliation attempt that pauses the clock.
• Pay claim limit: Claims for unequal pay generally expire one year after the date you could first claim.
• Protected grounds: Ads, CV demands and interview questions that exclude people on grounds like sex, age, origin or religion are unlawful.

Discrimination at work, home and services: the whole process, step by step

• Spot the unlawful practice in the ad, interview, pay, rental or service refusal (see Discrimination in hiring in Spain and when it is illegal, or Housing discrimination in Spain and what evidence proves it): As soon as it happens

• Keep proof and, for a refusal, ask in writing for the reasons (see Housing discrimination in Spain and what evidence proves it): Straight away, while details are fresh

• At work, file a written complaint under your company's harassment protocol, if it has one (see Discriminatory harassment at work and where to complain): Early; the review of admissibility takes a few days and the report usually follows within 10 to 30 days in total

• Go to the labour inspectorate or a court if the internal route fails or you prefer not to use it (see Discriminatory harassment at work and where to complain): At any time; the internal route does not block it

• Claim unequal pay or conditions (see Unequal pay, promotion or conditions because of who you are): Within one year of the date you could first claim

• For a refusal by a shop, bar, bank or gym, fill in the complaints book and report to the consumer office or equality body (see Refused entry or service at a shop, bar, bank or gym): As soon as possible after the refusal

• If you are dismissed after complaining, try conciliation and then claim in court (see Discriminatory harassment at work and where to complain): Within 20 working days of the dismissal; the conciliation attempt pauses the clock

Documents you may need

Identity and residence

• Work authorisation or residence document — Discrimination in hiring in Spain and when it is illegal
• Your NIE certificate or foreigner identity card — Lawful requirement or discrimination when renting or buying services
• Identity document number and bank details — Discrimination in hiring in Spain and when it is illegal

Income and work

• Recent payslips — Lawful requirement or discrimination when renting or buying services

The home and the lease

• Proof of address and proof of where your money comes — Lawful requirement or discrimination when renting or buying services

Payments and receipts

• Screenshots of the ad and the conversation — Housing discrimination in Spain and what evidence proves it

Other documents

• Documents showing the refusal — Housing discrimination in Spain and what evidence proves it
• Recordings of conversations you took part — Housing discrimination in Spain and what evidence proves it
• Written statements or contact details of witnesses who saw or heard the refusal — Housing discrimination in Spain and what evidence proves it
• An expert report — Housing discrimination in Spain and what evidence proves it
• Comparison material — Housing discrimination in Spain and what evidence proves it

Each article lists the other documents it asks for, where you need them.

Discrimination at work, home and services: questions that cross several articles

Can an employer ask about my immigration papers or religion at a job interview?

An employer may check that you have the right to work in Spain, but may not ask about your religion. Asking for your work or residence document is lawful only to confirm you can work, not to reject you because of nationality. Read Discrimination in hiring in Spain and when it is illegal.

Is it legal for a job ad to exclude people by sex, age or nationality?

No, a job ad that excludes applicants by sex, age, origin or other protected grounds is unlawful. Such offers can be fined as a very serious infraction. See Discrimination in hiring in Spain and when it is illegal, and Unequal pay, promotion or conditions because of who you are if it affects you once hired.

What can I get if a court finds discriminatory pay or promotion?

A court can cancel the decision, restore your position, order back pay of wage differences and award damages, including moral damage. Once you show signs of discrimination, the employer must prove its decision was fair. Read Unequal pay, promotion or conditions because of who you are.

Where do I report a shop, bar or bank that refused me because of who I am?

You can report it to your regional or municipal consumer office using the complaints book (hoja de reclamaciones), or to the equality body for racial or ethnic grounds. For hate-motivated conduct, go to the police or the hate-crime prosecutor. Read Refused entry or service at a shop, bar, bank or gym.

What documents can a bank or landlord lawfully ask me for?

A bank can ask for a valid photo ID such as a passport, NIE certificate or TIE card, and sometimes proof of address. A landlord commonly asks for payslips, a contract or a guarantor, but cannot refuse you on a protected ground.