Scope and Legal Framework
This Equality & DEI Plan is designed to comply with the relevant legal requirements at the Spanish, Catalan, and European Union (EU) levels. Below is a comprehensive explanation of the key legislation that forms the backbone of our equality and DEI efforts.
Local legislation and frameworks
Ley Orgánica 3/2007 (Organic Law 3/2007) for the Effective Equality of Women and Men
The Ley Orgánica 3/2007, enacted on March 22, 2007, is a cornerstone of gender equality legislation in Spain. This law aims to ensure the effective equality of women and men across all areas of life, including employment, education, and social services. The law establishes the principle of gender mainstreaming, requiring that all public authorities integrate the gender perspective into the design, implementation, and evaluation of public policies and programs. For organisations, this law mandates the development of Equality Plans to eliminate gender discrimination and promote equality in the workplace. Key provisions include the requirement for equal pay for equal work, measures to prevent sexual harassment, and the promotion of women’s access to leadership positions.
Real Decreto-ley 6/2019 (Royal Decree-law 6/2019) for Urgent Measures Guaranteeing Equality in Employment
The Real Decreto-ley 6/2019, enacted on March 1, 2019, introduces urgent measures to guarantee equal treatment and opportunities between women and men in employment and occupation. This decree reinforces the principles established in Ley Orgánica 3/2007 and introduces new provisions to address persistent inequalities in the workplace. It mandates companies to implement measures that prevent gender discrimination in recruitment, promotion, and pay. The decree also introduces stricter obligations for companies to ensure work-life balance, particularly through the promotion of shared parental responsibilities and the implementation of flexible working arrangements. Additionally, it mandates transparency in the reporting of gender pay gaps, requiring companies to conduct regular audits and take corrective actions where disparities are found.
Real Decreto 901/2020 (Royal Decree 901/2020) Regulating Equality Plans and Their Registration
The Real Decreto 901/2020, enacted on October 13, 2020, provides a regulatory framework for the development, implementation, and registration of Equality Plans in organisations. This decree sets out the minimum content requirements for Equality Plans, including the need for a gender diagnosis, the establishment of specific objectives and measures, and the creation of monitoring and evaluation mechanisms. It also mandates that Equality Plans be negotiated with employee representatives and be officially registered with the labour authorities. The decree aims to standardise the process of creating Equality Plans across Spain, ensuring that all organisations take meaningful action to promote gender equality.
Real Decreto 902/2020 (Royal Decree 902/2020) on Pay Equality between Women and Men
The Real Decreto 902/2020, also enacted on October 13, 2020, focuses specifically on achieving pay equality between women and men. This decree establishes the principle of pay transparency and requires companies to implement measures to ensure that men and women receive equal pay for work of equal value. Key provisions include the requirement for companies to maintain a pay register, conduct regular pay audits, and evaluate job roles to ensure they are free from gender bias. The decree also provides guidelines for the establishment of objective criteria for determining pay and mandates that any pay gaps identified be corrected.
European Union Legislation and Frameworks
At the European level, Iguality’s Equality & DEI Plan is informed by several key directives and strategies aimed at promoting equality and preventing discrimination across the EU:
- Directive 2006/54/EC: This directive, also known as the Recast Directive, consolidates and updates previous EU legislation on gender equality in employment and occupation. It requires member states to ensure equal treatment in access to employment, training, promotion, and working conditions, and mandates that all discrimination based on gender, including pay discrimination, be eliminated.
- Directive 2010/41/EU: This directive focuses on equal treatment between men and women engaged in self-employment, ensuring that women have the same opportunities as men to start and run businesses, and access social protection schemes.
- Directive 2000/78/EC: This directive establishes a general framework for equal treatment in employment and occupation, prohibiting discrimination based on religion or belief, disability, age, or sexual orientation. It forms the basis for comprehensive anti-discrimination legislation across the EU.
- EU Gender Equality Strategy 2020-2025: This strategy outlines the EU’s commitment to achieving gender equality by 2025. It focuses on key areas such as closing the gender pay gap, combating gender-based violence, promoting gender balance in decision-making, and addressing the gender impacts of digital and green transitions.
- European Pillar of Social Rights: This framework includes a strong commitment to gender equality and equal opportunities, emphasizing the need for equal treatment and opportunities in all aspects of life, including work, education, and access to social services.
Alignment with Future Equality Strategies (2024 and Beyond)
Iguality’s Equality & DEI Plan is designed to be forward-looking, aligning with upcoming government and EU strategies for equality and inclusion. This includes the Spanish Government's Strategic Plan for Equal Opportunities 2024-2028, which will focus on addressing structural inequalities, promoting inclusive leadership, and advancing the rights of marginalised groups. At the EU level, the ongoing implementation of the Gender Equality Strategy and the European Pillar of Social Rights will continue to shape our approach to equality and DEI, ensuring that Iguality remains at the forefront of best practices in this area.