Consequences of the law equality (Gag) of Leire Pajin . Part 2
1. Equal treatment in employment: The bill makes clear in Article 12 that “there may be no” limitation, segregation or exclusion by reason of the grounds provided “in the regulations. Of course, at least admits that there is discrimination if produces a “difference of treatment based on a characteristic related to a case of discrimination when such a characteristic constitutes a genuine and determining occupational requirement, provided that the objective is legitimate and the requirement is proportionate.” And here enters the realm of absolute discretion.
For a modeling agency can say that girls choose not lower than 1.70 cm that is required “essential”, but perhaps the judge will look a little argument “proportionate” and “illegitimate” and imposed a fine. Who knows. This means that Spanish firms already have a new reason to fear lawsuits, penalties and additional costs, because anyone can claim that it does not discriminate when chips.
Furthermore, paragraph 4 of that Article 12 notes that “means discriminatory criteria for access to employment situation of indirect discrimination occur.” That is, if a company makes an examination approved by 80 girls and 20 boys, you may face a lawsuit for discrimination based on sex.
2. Self-Employment: One of the most surreal provisions of the articles is one that prohibits discrimination in employment on their own, which states that may be established or segregation “in access to the exercise of these activities.” A government that has rules for everything and that requires very harsh conditions for the setting up of a business or to obtain a professional license now says that you can not discriminate in access. Again, as in the previous section, the self-employed have from now (if the draft is approved) a new concern.