Discrimination law and complaints

It is for anyone thinking about moving to Spain, planning a move or already living there. By the end you will know what Spanish law protects, whether your residence status limits that protection, where to complain and what evidence to keep.

Start with "What Spain's equal treatment law (Ley 15/2022) protects". It sets out who is covered, which grounds count and what kinds of discrimination the law recognises. Every other page builds on it, including the pages on where to report, on proof and on free help.

If your papers are still pending, go next to "Do equal treatment rights apply if your papers are pending?". If something has already happened to you, go to "Where to report discrimination in Spain and which route fits".

Work, housing, religion, LGBTQI and disability each have their own pages. This Topic gives the common legal frame they all rely on. Criminal hate-crime offences, free legal aid mechanics, immigration refusals and dismissal disputes are covered elsewhere.

Key rules

• Labour deadline: Labour claims over dismissal must be filed within 20 working days.
• Ombudsman deadline: A complaint to the Defensor del Pueblo must be made within one year of learning the facts, and it does not pause court or appeal deadlines.
• Papers status: The equal treatment law protects everyone in Spain whatever their residence status, including people without papers, although some rights such as work or many benefits still depend on legal residence.
• Burden of proof: In civil, labour and administrative cases, once you show well-founded indications of discrimination, the other side must justify its action; this does not apply in criminal cases.
• Who is covered: Anyone in Spain is protected, whether Spanish or foreign.
• Open list: The list of grounds is open, so a ground that is not named can still be protected.

Discrimination law and complaints: the whole process, step by step

From first step to last

• Write down what happened and gather evidence (read: Building a discrimination case with evidence and the burden of proof): as soon as it happens

• If your papers are pending, get legal advice before you report (read: Do equal treatment rights apply if your papers are pending?): before you report

• Get free advice from the state or an NGO and pick a route (read: Free help for discrimination victims from the state and NGOs, then Where to report discrimination in Spain and which route fits): in the first days after the incident

• File a labour claim if the discrimination ended in dismissal: within 20 working days of the dismissal

• Appeal against a public office decision, either by asking the same body to reconsider or by appealing to its superior body (read: When a public office treats you differently because of who you are): within 1 month of the decision

• Take the public office decision to the contentious-administrative court, usually with a lawyer and a procurador (a court representative): within 2 months of an express decision, or 6 months after silence

• Claim compensation for damage caused by a public service: within 1 year of the damage

• Complain to the Defensor del Pueblo, the national ombudsman. It does not pause court or appeal deadlines: within 1 year of learning the facts

• Ask a lawyer for the deadline in criminal and civil cases, which depend on the offence and the type of claim: right away

• Set your expectations on sanctions, compensation, time and cost (read: What a discrimination complaint can realistically achieve): before and during the case

Documents you may need

• Written documents from the other side — Building a discrimination case with evidence and the burden of proof
• Electronic records of messages — Building a discrimination case with evidence and the burden of proof
• Audio — Building a discrimination case with evidence and the burden of proof
• Witness statements from people who saw or heard what happened — Building a discrimination case with evidence and the burden of proof
• Expert reports or an inspection report from the Inspección de Trabajo — Building a discrimination case with evidence and the burden of proof
• Comparison evidence and statistics showing how people in a similar position — Building a discrimination case with evidence and the burden of proof

Discrimination law and complaints: questions that cross several articles

Can I report discrimination if I have no residence papers?

Yes, the equal treatment law protects everyone in Spain whatever their residence status, though some rights such as work or many benefits still depend on legal residence. Protection for foreign victims who report is stronger for hate crime and gender violence, and it is not complete immunity. Read Do equal treatment rights apply if your papers are pending? and get legal advice before reporting.

Which grounds of discrimination does the law cover?

The law covers origin, sex, religion, age, disability, sexual orientation, health, language and socio-economic status, plus any other personal or social condition. Sex discrimination is mainly governed by its own specific law, and other sector laws can give stronger protection in their area. Read Age, sex, health and language as protected grounds for the detail.

Who should I report discrimination to first?

The right body depends on the area: police and prosecutors for hate crimes, the labour inspectorate for work, consumer offices for goods and services, and the ombudsman for public bodies. The ombudsman cannot impose sanctions. Read Where to report discrimination in Spain and which route fits, and Free help for discrimination victims from the state and NGOs.

Is the new independent equality authority already working?

The independent equality authority has been created by law, but its formal start has been repeatedly delayed, so do not rely on it yet. The Ministry of Equality has handled some functions in the meantime. Read Where to report discrimination in Spain and which route fits for routes that work today.