“Article 16.1. c) of the Law on Offenses and Sanctions in the Social Order (LISOS) was changed twice on the same day by two laws that were published simultaneously: the Employment Law and the Trans Law. The BOE does not know what wording is in force”. This brief message published on social networks by Labor lawyer Robert Gutiérrez has uncovered a new legislative “botch” of the Executive of Pedro Sánchez.
To understand us, the Ministry of Labour, which directs Yolanda Diazand that of Equality, directed by Irene Montero, they modified the same article of the same law, the same day. Consequence? Absolute chaos in the Official State Gazette.
An issue that, in the opinion of this labor lawyer “is not trivial.” Thus, he explains that “Law 3/2023 establishes as an administrative infraction to establish conditions that constitute discrimination for access to employment for reasons, among others, of health“, while the “Law 4/2023 removes the mention of health“.
The two redacted
Specifically, the one that comes from the Ministry of Yolanda Díaz establishes that it will be considered a very serious infraction to “request personal data in any intermediation or placement process or establish conditions, through advertising, dissemination or by any other means, that constitute discrimination for access to employment for reasons of age, sex, disability, health, sexual orientation, gender identity, gender expression, sexual characteristics, nationality, racial or ethnic origin, religion or belief, political opinion, union membership, as well as for reasons of language, within the Spanish State, or any other personal or social condition or circumstance”.
For its part, the wording of the Equality regulations considers a serious infringement “Requesting personal data in selection processes or establishing conditions, through advertising, dissemination or by any other means, that constitute discrimination for access to employment for reasons of sex, origin, including racial or ethnic origin, age, marital status, disability, religion or beliefs, political opinion, sexual orientation and identity, gender expression, sexual characteristics, union membership, social condition and language within the State”.