Article 46

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Discrimination

This Article requires companies with over 200 employees to develop and adopt corporate equality plans. Specifically, this article provides that these plans should have a clear set of goals, strategies and practices to be developed after a preliminary diagnosis of the situation. Equality plans may include matters of access to employment, prevention of sexual harassment, flexible working time arrangements, and remuneration.

Notes

On the ground implementation of Spain’s instruments to attain equality within its workforce has proven difficult. Though there have been a few cases that relate to this provision, unfortunately there are indicators that there has been little advancement in the fight for equality within the workforce. The ‘Women’s Observatory’ (2008), for example,  which is meant to focus on the employment situations of women in the security forces has basically been inactive since its creation.

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Art. 46.

1. Corporate equality plans comprise an orderly series of measures adopted after a diagnosis of the situation and designed to attain equal treatment and opportunities for women and men in the company and to eliminate discrimination on the grounds of sex. Equality plans will stipulate the specific equality objectives to be reached, the strategies and practices to be adopted to attain them and the establishment of effective monitoring and assessment systems.

2. Equality plans may cover different issues to achieve the objectives set, including inter alia access to employment, occupational classification, promotion and training, remuneration, organization of working hours to favour reconciliation of working, personal and family life on equal terms for women and men, and the prevention of sexual harassment and harassment on the grounds of sex.

3. Equality plans will cover the entire company, without prejudice to the establishment of special action tailored to certain sites.

Law / 22nd March 2007 / Spain / Law 3/2007 of 22 March for Effective Equality Between Women and Men

This Law aims to eliminate gender inequality before the law. It sets out guidelines for translating the legal principle of equality into effective practice, and stresses that policies should cover  a broad spectrum of issues and areas, including public spaces and family life.