What a discrimination complaint can realistically achieve

Key rules

• Fines: Fines go to the state, not to you; your money comes only from compensation.
• Burden of proof: Once you show signs of discrimination, the other side must prove it did not discriminate.
• Time: Expect weeks to months for complaints and mediation, and years for some court cases.
• Free help: Free legal aid is available if your income is under the limits, and many NGOs and unions advise for free.

The short answer

A complaint can lead to three kinds of result: a fine or other penalty on the person or company that discriminated, a court order that ends the conduct, and money for you. None is guaranteed, and all can take months or years. Go in expecting a slow process.

Administrative sanctions

These are penalties imposed on the offender by the authorities. They do not put money in your pocket.

• Minor infractions carry fines of roughly 300 to 10,000 euros.
• Serious ones carry roughly 10,001 to 40,000 euros.
• Very serious ones carry roughly 40,001 to 500,000 euros.

The amount depends on intent, the harm caused and whether the offender has done it before. Extra penalties can include losing public subsidies, a ban on contracting with the public administration, and publication of the sanction.

Some areas, such as work, housing and consumer rights, have their own sanction rules. These can apply instead of the general ones. Discrimination at work is sanctioned under the labour rules.

Civil remedies and compensation

In a civil case you can ask a court for:

• a declaration that the conduct was discriminatory;
• an order to stop it (the cese) and to restore the earlier situation;
• compensation for material and moral damage.

Discriminatory acts and clauses are null and void. Once you show signs of discrimination, the other side must prove it did not discriminate. If discrimination is proven, moral damage is presumed, so you do not have to prove your suffering from scratch.

At work, a dismissal that violates fundamental rights can be declared null. That can mean getting your job back plus compensation. These cases go to the labour courts.

How long it takes

Times vary by route, court, region and how complex the case is.

• Complaints to an equality body, and mediation: often weeks to several months.
• Labour court: commonly several months to a year or more.
• Civil court: usually one to two years, longer with appeals.
• Criminal cases for hate crimes: often years.

What it costs

Cost depends mostly on whether you need a lawyer and a procurador (a court representative). If your income is below the limits, you can apply for free legal aid (justicia gratuita). Equality bodies, NGOs and trade unions often give free advice, so start there. Ask your local bar association or court for the current income limits.

Setting your expectations

Keep your evidence from day one: messages, emails, witnesses, dates. Because the other side must answer once you show signs of discrimination, good evidence matters more than anything else. Think about which route fits your goal: a quick end to the conduct, a penalty for the offender, or compensation. The questions below cover fines, moral damage, timing and help with costs.

Frequently asked questions

How big can a fine for discrimination be?

Fines run from roughly 300 euros for minor infractions up to roughly 500,000 euros for very serious ones. Serious infractions fall in between, roughly 10,001 to 40,000 euros. The amount depends on intent, harm caused and repeat offences, and the fine goes to the state, not to you.

Can I get compensation for moral damage if I prove discrimination?

Yes, once discrimination is proven, moral damage is presumed, and you can also claim compensation for material damage. A court can also order the conduct to stop and the previous situation to be restored.

How long does a discrimination case usually take?

It depends on the route: complaints to equality bodies and mediation often take weeks to several months. Labour court cases commonly take several months to a year or more, and civil cases usually one to two years, longer with appeals.

Can I get help with the cost of a discrimination case?

Yes, free legal aid (justicia gratuita) is available if your income is under the set limits. Equality bodies, NGOs and trade unions also often give free advice. Ask your local bar association whether you qualify.