Spain

Requiring applicants to be less than 38 years old to join regional and local police forces is not a form of age discrimination

The individual dismissal of a 58-year-old worker who was replaced by a younger worker is found discriminatory

A company-union agreement providing for different severance payments for workers depending on their age is found not discriminatory

A labour court in the city of Bilbao has ruled that the Administration’s failure to take measures to adapt the workplace of a teacher with a physical disability is indirect discrimination on grounds of disability

The High Court of Justice of Andalusia has found that the failure of a company to reduce the salary of a worker close to the age of retirement does not constitute discrimination on grounds of age

The Supreme Court has annulled the age limits imposed on non-commissioned officers who, by promotion, wish to join the officer ranks of the General Corps and the Marine Corps

This conflict is primarily of a legal nature, namely, the interpretation of Spanish Social Security legislation in relation to whether a person who has taken early retirement due to disability is entitled to a permanent Severe Disability Pension. The Constitutional Court has analysed if denying a claimant this option amounts to discrimination on grounds of disability

On 18 November 2020, a Labour Court in Madrid ruled that a company had discriminated against 5 of its employees for dismissing them because they were over 50 years old

On 15 March 2021, the Constitutional Court analysed whether the Public Administration violated the right of one of its employees with Asperger syndrome to non-discrimination on grounds of disability. The claimant was penalised by the employer without taking his circumstances and request for reasonable adjustments at the workplace into account

On 25 January 2021, the Constitutional Court resolved an appeal filed by a Roma woman who considered she had been discriminated against on grounds of ethnicity due to the fact she had been denied a widow’s pension on the death of her husband

Bill on legal capacity of people with disabilities

Nullification of Article 52(d) of the Workers’ Statute that had been qualified by the CJEU as contrary to Directive 2000/78/EC