
Under the Trans Law, as of March 2024 many companies are obliged to have an LGTBI Plan.
Although the regulations are not yet fully developed, it is clear that inclusion and diversity are fundamental aspects of business sustainability. Therefore, ensuring that no one is left behind in promoting diversity will be key to building an inclusive future in line with the UN’s Agenda 2030.
WHAT IS IT?
An LGTBI Plan is a set of policies, procedures and actions designed to promote inclusion and equal opportunities within an organisation and to prevent discrimination on the grounds of sexual orientation, gender identity or gender expression.
These plans have become mandatory for certain companies as of 2 March 2024 as a result of Law 4/2023, of 28 February, more commonly known as the Trans Law. A landmark piece of legislation that aims to guarantee real and effective equality for LGTBI people. It also develops a legal framework for companies and organisations to implement specific policies.
WHICH COMPANIES ARE OBLIGED TO HAVE ONE?
As of 2 March 2024, companies with more than 50 employees are obliged to have an LGTBI Plan and an action protocol for dealing with harassment or violence against LGTBI people.
For their part, companies with less than 50 employees will be obliged, in accordance with Article 62 of the Trans Law, to adopt measures to prevent and detect situations of discrimination and harassment of LGTBI people.
WHAT SHOULD THE LGTBI PLAN INCLUDE?
This Plan must include an action protocol for dealing with harassment or violence against LGTBI people.
The protocol must include:
- Measures to ensure real and effective equality for LGTBI people.
- Measures to prevent, detect and deal with harassment or violence against such employees.
In order to create the LGTBI Plan, the measures included in it must be agreed through collective bargaining and with the legal representatives of the workers, and must be drawn up as separate and distinct documents from the Equality Plan, as well as from the rest of the harassment protocols that companies may have implemented, due to the differences that exist not only in the legal field itself, but also in relation to the people it affects.
Companies that already have an Equality Plan have had to amend it to explicitly include non-discrimination of LGTBI people.
ARE THERE ANY PENALTIES FOR NOT HAVING A PLAN IN PLACE, AND IF SO, WHAT ARE THEY?
Failure to comply with the Trans Law can result in significant financial penalties for companies, as well as reputational damage. In addition, companies that fail to comply with these provisions may be subject to legal claims and discrimination prosecutions.
For example, failure to have an LGTBI protocol or LGTBI awareness training can result in fines ranging from €200 to €150,000, depending on whether the offence is considered minor or very serious.
In addition, other types of measures may be imposed, such as the refusal of subsidies, the refusal of access to public grants, the prohibition of public contracts with the public administration, or the closure or temporary suspension of the activity.
The LGTBI protocol must be able to provide us with the tools to act in the possible situations we may find ourselves in, so that we can be agile, dynamic and, above all, effective in determining what needs to be done, when it needs to be done, who needs to do it and how it needs to be done.