Last July 14, Law 15/2022, of July 12, comprehensive for equal treatment and non-discrimination (BOE July 13), entered into force, which aims to prevent and put an end to any form of discrimination, protecting the victims and trying to combine prevention with damage repair.
The following articles deserve special attention:
– Art. 2.1 No one may be discriminated against because of birth, racial or ethnic origin, sex, religion, conviction or opinion, age, disability, sexual orientation or identity, gender expression, illness or health condition, serological status and/or genetic predisposition to suffer pathologies and disorders, language, socioeconomic situation, or any other personal or social condition or circumstance.
– Art. 2.3 The disease will not be able to support differences in treatment other than those arising from the actual treatment process, from the objective limitations it imposes on the exercise of certain activities or those required for reasons of public health.
– Art. 9.1: Limitations, segregations or exclusions may not be established due to the causes provided for in this law for access to employment by third parties, public or private, including selection criteria, in training for employment, in professional promotion, in the remuneration, working hours and other working conditions, as well as suspension, dismissal or other causes of termination of the employment contract.
Since its publication, the debate has been opened on whether the entry into force of this Law will entail a jurisprudential change in the dismissals of workers on medical leave or once they rejoin after receiving medical discharge, and whether we will face a dismissal null. At the moment, we have to be cautious and we will have to redouble our efforts in writing dismissal letters in these cases, adding a plus of motivation.
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