Legal frameworks for prevention, investigation and response
We advise companies on the prevention and management of discrimination and workplace harassment under Spanish employment law.
Our work covers internal policies, harassment protocols, equality obligations, complaints, investigations, disciplinary measures, whistleblowing, fundamental rights and related litigation.
We help organisations create legally robust procedures and respond to incidents with consistency, confidentiality and respect for the rights of all parties involved.
Discrimination and workplace harassment are subject to increasing regulatory, judicial and reputational scrutiny.
The company’s policies, reporting channels, investigation process, interim measures, evidence, communications and disciplinary response must be aligned before decisions are taken.
We advise companies from the design of preventive frameworks through complaint handling, internal investigation, resolution and defence in subsequent proceedings.
We advise on:
Prevention requires more than a standard policy.
We draft and review harassment protocols, anti-discrimination policies, reporting procedures and internal rules adapted to the organisation’s structure, workforce and risk profile.
Complaints involving harassment or discrimination must be handled promptly, impartially and with procedural discipline.
We advise on investigation scope, interviews, evidence preservation, confidentiality, interim measures, findings and the documentation of the final decision.
Where misconduct is established, the company must determine an appropriate and legally defensible response.
We advise on disciplinary measures, sanctions, organisational changes, protective measures, remediation and communication with the parties involved.
Discrimination and harassment claims often involve allegations of fundamental rights violations.
We assess evidentiary burdens, potential compensation, nullity risk, retaliation claims and the wider impact on employment relationships, reputation and internal governance.
Effective prevention must be integrated into the company’s wider equality and compliance framework.
We advise on equal opportunities, equality plans, training, governance responsibilities, reporting systems and the coordination of harassment protocols with whistleblowing and compliance procedures.
Where a complaint affects an international group, the Spanish employment law position must be aligned with global policies, investigation standards and decision-making structures.
As founding members of L&E Global, Suárez de Vivero coordinates employment law advice with leading firms in more than 30 countries, supporting companies in cross-border and multi-jurisdictional discrimination and workplace harassment matters.
Policies, protocols, reporting channels, training and governance.
Complaint, legal framework, immediate risks and protective measures.
Evidence, interviews, confidentiality, findings and documentation.
Disciplinary action, remediation, communication and litigation defence.
Employment counsel should be involved when prevention frameworks are designed and as soon as a complaint or warning sign arises.
Early involvement is particularly important where allegations concern senior executives, retaliation, sexual harassment, discrimination, whistleblowing, potential criminal conduct or significant reputational risk.
It should activate the applicable protocol, assess immediate risks, preserve confidentiality and evidence, adopt any necessary interim measures and carry out a prompt and impartial investigation.
Companies are subject to specific prevention and response obligations, particularly in relation to sexual harassment and harassment based on sex. The applicable requirements depend on the organisation and its wider equality obligations.
Yes, where the facts are sufficiently established and the disciplinary measure is proportionate, procedurally correct and supported by evidence.
Before the protocol is implemented and immediately when a sensitive complaint arises. Early advice helps protect fundamental rights, preserve evidence and reduce procedural and litigation risk.
Corporate restructuring requires precision before action