Discrimination in hiring in Spain and when it is illegal

Key rules

• Protected grounds: Ads, CV demands and interview questions that exclude people on grounds like sex, age, origin or religion are unlawful.
• CV photo and age: You never have to include a photo, age or marital status, and employers should not require them.
• Work authorisation: Employers may lawfully ask non-EU candidates for proof of the right to work, but only to check legality.
• Public jobs: Some public posts are reserved to Spanish nationals, while many civil service posts are open to EU nationals.
• Genuine requirements: A trait-based requirement is lawful only if it is essential, legitimate and proportionate, not just a preference.

The short answer

Employers in Spain cannot lawfully exclude or screen out candidates because of sex, age, origin (including racial or ethnic origin), marital status, social condition, religion, political ideas, sexual orientation, disability, family ties or language within Spain. This applies to job ads, CV requirements and interview questions. A few restrictions are lawful: proof of the right to work, some public-sector posts, and genuine occupational requirements.

Job ads

An ad that excludes people on a protected ground is unlawful. "Men only", "under 30" or "Spanish nationals only" in a private-sector ad are examples. Any employer or recruitment agency working in Spain must follow this. Discriminatory ads count as a very serious infraction, and the employer can be fined.

If you see an ad like this, keep a copy or screenshot. You can report it to the labour inspectorate.

CVs: photo, age and marital status

No law makes you include a photo, your age or your marital status, and employers should not require them. At the selection stage they are normally not needed to judge whether you can do the job. If an employer demands them, that can be used as evidence of discrimination.

Many Spanish CVs still include a photo and date of birth. That is your choice, and it is not illegal for you to include them. Whether a request is unlawful depends on the facts, so note exactly what was asked and how.

Your identity document number and bank details can be asked for only after you are hired, so the employer can draw up your contract and register you with Social Security.

Interview questions

Questions about your religion or beliefs are not allowed. You can decline to answer. The one exception is an organisation built around a belief or ideology, where adherence is a genuine requirement of the role.

Questions about other protected grounds, such as pregnancy plans, family situation or sexual orientation, raise the same problem. Note who asked and when.

Lawful restrictions

Proof of the right to work. Employers can ask non-EU candidates to show a work authorisation or residence document. They must use it only to check you can legally work, not to reject you because of your nationality or ethnic origin. EU and EEA citizens need no further authorisation. An employer who hires someone without authorisation faces serious penalties, which is why the check is lawful.

Some public jobs. Civil service posts are open to Spanish nationals and to nationals of other EU states, plus their spouses and certain descendants. Posts that involve using public authority or protecting the interests of the State are reserved to Spanish nationals. Police and armed forces also require Spanish nationality. Other foreigners with legal residence can apply for contract posts in the public sector. Rules differ by body and call, so read the bases of each call.

Genuine occupational requirements. A requirement tied to a protected ground is lawful only if the trait is essential to the job, the aim is legitimate and the requirement is proportionate. Examples are an actor for a role of a specific gender or age, a female attendant for intimate care in some settings, age limits for specific safety reasons, and physical fitness for emergency services. Customer preference or convenience does not count.

What to do if you meet a problem

Ask the employer to explain the requirement and why the job needs it. Keep written evidence. If it looks unlawful, you can contact the labour inspectorate or an equality body. The checklist, decision and warnings below walk you through the practical choices.

Choosing between options

Should you challenge a requirement for a photo, age or similar trait?

• Challenge it: The employer asks for a photo, age or marital status that has no clear link to the job, or applies a trait such as sex or age out of preference or convenience.

• Accept it: The trait is essential to the job because of its nature or context, the aim is legitimate and the demand is proportionate, such as an acting role or physical fitness for emergency services.

A requirement tied to a protected ground is lawful only if it is a genuine and determining requirement of the job, with a legitimate aim and a proportionate demand. A customer preference or convenience does not qualify.

Documents you need

• Work authorisation or residence document, if you are not an EU or EEA citizen. An employer may ask to see it only to confirm your right to work, and it is issued by Spain's immigration authorities.

• Identity document number and bank details. These can be requested only after you are hired, for your contract and Social Security registration, not at the CV stage.

• Proof of EU nationality or family tie to an EU citizen, if you apply for a civil service post. The bases of each public call say which documents to attach.

Checklist

• Send a CV without a photo, date of birth or marital status unless you choose to include them.

• Refuse to answer interview questions about your religion or beliefs, and note who asked and when.

• Offer your work authorisation or residence document if asked, and check that it is requested only to confirm your right to work.

• Read the bases of a public job call to see whether the post is reserved to Spanish nationals or open to EU nationals and legal residents.

• Ask the employer to explain any age, sex or similar requirement and check that the job truly needs it.

What to watch out for

• Discriminatory job ads: An ad or offer that excludes people because of sex, age, origin, religion, disability or other protected grounds is unlawful, and the employer or agency can face a very serious fine. Keep a copy or screenshot of the ad and report it to the labour inspectorate.

• Questions about religion: Asking about your religion or beliefs in an interview is not allowed, except for organisations built around a belief where it is a genuine job requirement. Politely decline to answer and write down the question afterwards.

• Work authorisation checks: Employers must check that a foreign candidate can work in Spain, and hiring someone without authorisation brings heavy penalties for the employer. This check is lawful, but it cannot be used to reject candidates who have the right to work. Show your document and, if you are refused despite having the right to work, ask for the reason in writing.

Frequently asked questions

Can an employer ask me for a photo or my age on a CV?

No, an employer should not require a photo, your age or your marital status on a CV, because only data needed to judge your suitability may be requested. Many Spanish CVs still include a photo and date of birth voluntarily, but you are not obliged to add them. If a request for them is followed by a rejection, it can count as evidence of discrimination.

Can an employer ask to see my residence or work permit in an interview?

Yes, an employer can ask for your work authorisation or residence document, but only to check that you have the right to work in Spain. They cannot reject you because of your nationality or ethnic origin if you have that right.

Can I apply for a public sector job if I am not Spanish?

Yes, in many cases, but it depends on the post. Citizens of other EU countries, and certain family members, can apply for civil service posts, while posts involving public authority are reserved to Spanish nationals. Other foreigners with legal residence can apply as contract staff (personal laboral), so read the bases of each call.

Can an employer ask for a specific sex or age if the job needs it?

Yes, but only when that trait is a genuine and determining requirement of the job, with a legitimate aim and a proportionate demand.