Equality and workplace harassment law: what your sme must comply with in 2026 - sexual harassment work

In today's business landscape, the Equality and Prevention of Workplace Harassment Law has become a fundamental pillar to ensure a fair, safe, and respectful work environment. For small and medium-sized enterprises (SMEs) in Spain, understanding and correctly applying this legislation is crucial not only to avoid penalties, but also to build a strong and attractive organizational culture. In this article, we will break down the key aspects of the law, its impact on SMEs in 2026, and strategies for effective compliance.

What does the Equality and Workplace Harassment Law entail for your SME?

The Equality Law, at its core, seeks to eliminate any form of discrimination based on sex, origin, religion, sexual orientation, disability, or any other personal or social condition within the workplace. This translates into a series of concrete obligations for companies, especially regarding the prevention and handling of workplace harassment, both sexual and gender-based.

Key obligations for SMEs:

• Development of an Equality Plan: Although not all SMEs are required to have an Equality Plan (generally, companies with more than 50 employees), its voluntary implementation is highly recommended. This plan should include a diagnosis of the equality situation within the company, specific objectives, concrete measures to achieve those objectives, an implementation timeline, and a monitoring and evaluation system.
• Protocol for the Prevention of and Response to Harassment: It is essential to have a clear and accessible protocol that defines what is considered workplace harassment, how it can be reported, who is responsible for investigating complaints, and what measures will be taken if harassment is confirmed.
• Training and Awareness-Raising: All employees, from management to the most operational levels, should receive training on equality and harassment prevention. This includes understanding the law, identifying harassing behavior, and knowing how to act in situations of discrimination or violence.
• Pay Transparency: The law requires guaranteeing equal pay between men and women for work of equal value. This involves conducting pay audits and justifying any pay differences that are not based on objective and reasonable criteria.

Impact on SMEs in 2026: Beyond legal compliance

In 2026, the pressure on SMEs to comply with the Equality and Workplace Harassment Law will be even greater. This is due to several factors:

• Greater Social Awareness: Society is increasingly sensitized to issues of equality and harassment, and demands ethical and responsible behavior from companies.
• Increased Oversight by the Labour Inspectorate: The Labour Inspectorate is intensifying its inspections and sanctions against companies that do not comply with the law.
• Importance of Corporate Reputation: A company's image as a fair and equal workplace is a key factor for attracting and retaining talent, especially among younger generations.

Therefore, for SMEs, compliance with the law is not only a legal obligation, but also an opportunity to improve their reputation, attract talent, and build a stronger and more productive organizational culture.

Strategies for Effective Compliance: Practical steps for your SME

Implementing the Equality and Workplace Harassment Law in your SME may seem challenging, but with proper planning and a proactive approach, it is entirely feasible. Here are some practical steps:

1. Conduct an Initial Diagnosis:

Before starting, it is important to know your company's current situation regarding equality. Conduct employee surveys, analyze pay data, and review existing policies and procedures to identify areas for improvement.

2. Appoint an Equality Officer:

Appoint a person or team responsible for coordinating the implementation of the law and overseeing compliance with the measures. This person should have the training and knowledge necessary to carry out this task.

3. Draft or Update the Harassment Protocol:

If you already have a harassment protocol, review and update it to ensure it meets the law's requirements and is effective in preventing and addressing harassment situations. If you do not have one, draft one as soon as possible.

4. Implement a Training Plan:

Provide training to all employees on equality and harassment prevention. Use different formats (in-person, online, workshops, etc.) to adapt to your team's needs.

5. Establish a Confidential Reporting Channel:

Create a secure and confidential reporting channel so that employees can report situations of harassment or discrimination without fear of retaliation. Ensure that complaints are investigated impartially and efficiently.

6. Conduct Periodic Pay Audits:

Carry out periodic pay audits to identify possible unjustified pay differences and take corrective action.

7. Communicate the Measures to Employees:

Communicate clearly and transparently the measures you are implementing to guarantee equality and prevent harassment. Involve employees in the process to foster an environment of collaboration and trust.