Law 10/2022 and workplace harassment: new obligations for companies - workplace harassment

The Law 10/2022 on the Guarantee of Sexual Freedom has introduced significant changes to Spanish legislation, directly impacting companies' obligations regarding the prevention and handling of workplace harassment, especially with respect to sexual harassment and harassment on the grounds of sex. This article analyzes in detail the most relevant implications for organizations and offers a guide to adapt to the new legal requirements.

What Changes Does Law 10/2022 Introduce in the Prevention of Workplace Harassment?

Law 10/2022 not only strengthens the protection of victims of sexual harassment and harassment on the grounds of sex, but also imposes on companies the obligation to adopt proactive measures to prevent such situations. Previously, responsibility mainly fell on reacting to complaints, but now a preventive culture and the implementation of effective protocols are required.

Obligation to Develop and Implement Protocols Against Harassment

One of the main novelties is the explicit obligation to develop and implement protocols against sexual harassment and harassment on the grounds of sex in the workplace. These protocols must include, at a minimum:

• An internal reporting procedure: That ensures confidentiality and the protection of the victim.
• Support measures for the victim: Psychological assistance, legal advice, etc.
• Disciplinary measures against the harasser: Establishing sanctions proportionate to the seriousness of the conduct.
• Training and awareness-raising: Aimed at all employees to prevent harassment and promote a respectful environment.

The Importance of Training in Equality and Harassment Prevention

Training is a fundamental pillar in the prevention of workplace harassment. Companies must ensure that all their employees receive adequate training in gender equality, prevention of sexual harassment and harassment on the grounds of sex, and awareness of the consequences of harassment in the workplace. This training must be continuous and adapted to the different roles and responsibilities within the organization.

Impact of Law 10/2022 on the Management of Workplace Harassment: A Practical Approach

Implementing Law 10/2022 requires a profound cultural change in companies. It is not enough to have a written protocol; it is necessary that it be applied effectively and that there is a real commitment from management to create a safe and respectful working environment for all employees.

Conducting a Risk Assessment of Workplace Harassment

Before implementing any protocol, it is essential to carry out a workplace harassment risk assessment in the company. This assessment should identify the areas of greatest vulnerability and the possible causes of harassment. Different tools can be used to carry out this assessment, such as anonymous surveys, interviews with employees, and analysis of data on absenteeism and employee turnover.

Specific Preventive Measures Against Workplace Harassment

In addition to training and developing protocols, companies can adopt other specific preventive measures to combat workplace harassment, such as:

• Establish secure and confidential communication channels: So that employees can report situations of harassment without fear of retaliation.
• Designate a person or department responsible for the prevention and handling of harassment: This person or department must have the necessary training and experience to manage harassment complaints effectively.
• Carry out periodic audits: To evaluate the effectiveness of preventive measures and detect possible areas for improvement.
• Promote a culture of respect and tolerance: Encouraging open communication and teamwork.

Consequences of Non-Compliance with Law 10/2022

Failure to comply with the obligations established in Law 10/2022 can entail serious consequences for companies, including financial penalties, damage to reputation, and possible legal claims by victims of harassment. It is crucial that companies take these obligations seriously and ensure compliance with all legal requirements.

Financial Penalties for Non-Compliance

Financial penalties for non-compliance with Law 10/2022 may vary depending on the severity of the infringement, but can be very high. In addition, companies may be subject to inspections by the Labour and Social Security Inspectorate.

Damage to Corporate Reputation

A publicized case of workplace harassment can seriously damage a company's reputation. This can have negative consequences for brand image, talent acquisition, and relationships with clients.

Adapting to Law 10/2022: A Practical Guide for Companies

To help companies adapt to Law 10/2022, we offer a practical guide with the key steps to follow:

1. Conduct a workplace harassment risk assessment.
2. Develop or review the protocol against sexual harassment and harassment on the grounds of sex.
3. Implement a training and awareness program for all employees.
4. Establish secure and confidential communication channels.
5. Designate a person or department responsible for the prevention and handling of harassment.
6. Carry out periodic audits to evaluate the effectiveness of preventive measures.
7. Promote a culture of respect and tolerance.