Age, sex, health and language as protected grounds

Key rules

• Language: Language is a protected ground, so being treated worse because of the language you speak can be discrimination.
• Socio-economic situation: Your income or social position is also a protected ground.
• Health: You cannot be refused a service because of HIV status or another health condition, except for public health measures the law justifies.
• Age: Differences by age are lawful only when there is an objective reason.
• Sex: Sex discrimination is governed mainly by the specific law on equality between women and men.

Which other grounds are protected

Spain's equal treatment rules protect you well beyond origin and religion. The list includes birth, sex, age, disability, sexual orientation or identity, gender expression, sexual characteristics, illness or health condition, HIV status and other serological status, genetic predisposition to illness, language, and socio-economic situation. It also ends with a catch-all for any other personal or social condition, so the list is open.

These protections apply to anyone in Spain, whatever your nationality or residence status.

Language and socio-economic situation

Both are named on the list. You are protected if you are treated worse because of the language you speak or because of your income or social position. The catch-all means a ground that is not named can still be covered.

Age

Age is a protected ground. A difference in treatment by age is not automatically illegal. It is allowed when there is an objective reason, such as minimum ages or protecting children. An age limit with no good reason can be challenged.

Health and HIV status

Employers cannot dismiss you or treat you worse at work because of your health. Health care providers cannot discriminate against you either. A service cannot refuse you because of HIV status or another health condition. The one exception is a public health measure that the law itself justifies.

Sex

Sex discrimination is mainly handled by the specific law on equality between women and men. The general equal treatment law applies to it only as a back-up. Other laws also apply in their own fields, such as the workers' rights law, the disability law and the Criminal Code.

How the rules fit together

The Constitution sets the principle: everyone is equal before the law and discrimination is banned. The general equal treatment law builds on it and sets a minimum level of protection. A specific law that protects you more, or in more detail, takes priority in its own area.

What to do

If you think you were treated unfairly, write down what happened, when, and who was involved. Keep messages, emails and contracts. The questions below answer common cases.

Frequently asked questions

Are language and socio-economic status protected grounds?

Yes, the equal treatment law lists both language and socio-economic situation as protected grounds.

Which law applies if I face discrimination because of my sex?

Sex discrimination is mainly governed by the law on effective equality of women and men (LO 3/2007). The general equal treatment law applies to it only as a back-up. Other laws, such as the Workers' Statute, can also apply in their own fields.

Can a service refuse me because of my health or HIV status?

No, a service cannot deny you access because of HIV status or another health condition, unless public health needs justify it under a law. The law also bars dismissal or other discrimination at work because of your health, and discrimination in health care.

Is every difference in treatment by age illegal?

No, differences by age are allowed when they are objectively justified, such as minimum ages or child protection. Age itself is still a protected ground, so a difference with no good reason can be discrimination.