On 7 September 2022, Organic Law 10/2022 on the Comprehensive Guarantee of Sexual Freedom was published in the Official State Gazette.
The Organic Law 10/2022 on the Comprehensive Guarantee of Sexual Freedom, published in the Spanish Official Gazette on 6 September 2022, came into force on 7 September 2022.
Under this legislation, all companies must promote working conditions that prevent the commission of crimes, and other conduct, against sexual freedom and moral integrity at work, with special emphasis on sexual harassment and harassment for reasons for sex, as set out in Article 48 of Organic Law 3/2007 of 22 March. This includes acts of harassment committed digitally. The legislation aims to ensure the protection and equality of women and men.
What will companies have to do?
Companies are now required to establish specific procedures to ensure the prevention of harassment in the workplace and to address complaints or claims that may be made by victims of this type of behaviour, including behaviour experienced in a digital environment. Companies are also required to promote awareness, and offer training, on the prevention of sexual violence to all their workers.
Further, sexual violence must be included as an occupational risk in the risk assessments for each of the different positions held by female workers. Female workers must be informed about, and receive training on, this.