If you need expert advice on discrimination issues in Spain, contact Fernanda Vargas via WhatsApp or book an appointment via Calendly. This practical and in-depth article explains how the new Independent Authority for Equal Treatment and Non-Discrimination (AINODI) is transforming the fight against discrimination in employment, housing, and access to goods and services in Spain.

What is the Independent Authority for Equal Treatment and Non-Discrimination and Why Is It Becoming Operational Now

The AINODI is a newly established body designed to ensure effective equal treatment and to combat all forms of discrimination in Spain. With the implementation of Royal Decree 606/2026, this authority is tasked with receiving claims, conducting investigations on significant cases, and providing direct support to individuals who have experienced discrimination. Its creation is a direct response to longstanding social demands and the need to comply with European mandates requiring independent bodies backed by sufficient resources to protect citizens against discriminatory practices.

What Exactly Does Royal Decree 606/2026 Approve and When Does It Apply?

Royal Decree 606/2026, published in the BOE on July 25, 2026, approves the Statute of the AINODI. This statute outlines the authority’s core functions, ranging from providing free legal assistance to its roles in prevention, mediation, and judicial support. Effective from July 26, 2026, this decree establishes the legal and operational framework that empowers AINODI to act autonomously, harmonizing national law with European standards on equality and non-discrimination.

Independence, Presidency, and Structure: Guarantees of the New Body

One of the cornerstone principles of AINODI is its structural independence. The authority is led by a president, appointed by the Government but insulated from external influences. Its robust organizational structure includes three major directorates: victim assistance, prevention and statistical research, and a General Secretariat. Under the leadership of María Teresa Verdugo Moreno, a seasoned prosecutor with over twenty years of experience, AINODI ensures impartial and dedicated oversight in addressing discrimination. Additionally, a Consultative Council provides diverse perspectives and expert advice, ensuring fairness in decision making.

Protected Grounds of Discrimination Under Law 15/2022 (Article 2.1)

Law 15/2022 offers a comprehensive framework for protecting individuals against discrimination. The law safeguards against discrimination based on racial or ethnic origin, gender, religion, age, disability, sexual orientation or identity, and many other personal or social conditions. Thanks to an open clause, the legislation is flexible enough to adapt and protect against new forms of discrimination as society evolves.

Employment Discrimination: Selection, Training, Promotion, Salary, Conditions, and Dismissal (Article 9)

Within the labor sphere, rigorous measures are in place to combat discriminatory practices. Article 9 of Law 15/2022 prohibits any form of discrimination throughout the employment cycle—from hiring and training to promotion, salary adjustments, workplace conditions, and even dismissal. The comprehensive legal framework mandates that employers adopt transparent and objective practices, enabling AINODI to intervene through investigations and judicial actions when violations occur.

Housing and Access to Goods and Services Discrimination (Article 20)

Article 20 of Law 15/2022 targets discriminatory practices in critical sectors such as housing and the access to goods and services. This provision prohibits denying sales or rentals and imposing unequal conditions when public offers are involved. Throughout the contractual relationship, strict scrutiny is maintained to ensure that discriminatory practices are identified and sanctioned, thereby protecting the rights of every citizen.

How to File a Complaint with the Authority and What Happens Next

For individuals who believe they have been discriminated against, filing a complaint with AINODI is a straightforward and transparent process. The authority provides official channels and detailed forms on its website to ensure each complaint is carefully reviewed. Once a claim is filed, the case is thoroughly evaluated, including an analysis of the evidence, which may lead to mediation, further investigation, or even judicial proceedings, thus ensuring that each case is treated with the utmost care and attention.

What the Authority Can Do for You: Guidance, Investigation, Mediation, Reports, and Legal Action

AINODI provides an extensive range of services to support victims of discrimination. Its responsibilities include offering free and specialized guidance, conducting independent investigations, mediating disputes, producing detailed reports for judicial authorities, and even initiating legal action when necessary. This comprehensive approach ensures that individuals receive not only moral support but also robust legal assistance to rectify discriminatory practices.

Proving Discrimination: Substantiated Evidence and the Shift in the Burden of Proof (Article 30)

One of the most significant innovations is the approach toward the burden of proof. According to Article 30, once the claimant provides substantiated evidence of discrimination, the burden shifts to the responding party to offer an objective and reasoned justification of their actions. This legal mechanism is designed to level the playing field and simplify the process for victims seeking justice in otherwise complex cases.

Redress and Compensation: The Presumption of Moral Damage (Article 27)

Article 27 of Law 15/2022 introduces the concept of presumed moral damage when discrimination is established. Once an act of discrimination is proven, it is assumed that moral harm has occurred, which must be duly compensated. The amount of compensation reflects not only the severity of the damage but also factors such as multiple or intersecting discrimination, ensuring that the remedy is equitable and acknowledges the full impact of the wrongful act.

Infractions and Sanctions: Fines Ranging from 300 to 500,000 Euros (Articles 47 and 48)

The sanctioning framework provided by Articles 47 and 48 of Law 15/2022 is strict and comprehensive. The fines vary according to the severity of the infringement—from minor infractions with fines of up to 10,000 euros to very serious cases that can result in penalties of up to 500,000 euros. This punitive system is intended to deter discriminatory practices, ensuring that both individuals and organizations are held accountable for maintaining fair and inclusive practices.

Foreign Workers and Migrants: Common Cases and How to Document Them

Foreign workers and migrants are often among the most vulnerable to discriminatory practices. For these groups, it is essential to meticulously document any irregularities through clear evidence, including emails, witness statements, and official work records. AINODI has established specific protocols to handle such cases, ensuring that these individuals receive specialized support to address and resolve discriminatory situations effectively.

Companies and HR Departments: What to Review Before the First Investigations Arrive

With the imminent activation of AINODI, companies and HR departments must proactively review their internal policies and procedures. Conducting internal audits, updating hiring and promotion criteria, and implementing regular staff training on diversity and inclusion are essential steps to prevent discriminatory practices. Being proactive not only helps avoid severe sanctions but also fosters a culture of fairness and respect within the workplace.

The European Framework: Directives (EU) 2024/1499 and 2024/1500 and Common Indicators

The new national authority aligns seamlessly with European directives that call for independent equality bodies endowed with sufficient human, technical, and financial resources. Directives (EU) 2024/1499 and 2024/1500, along with the Commission Implementing Regulation (EU) 2026/1196, set common indicators for monitoring the effectiveness of these bodies. This harmonization with European standards reinforces Spain’s commitment to fostering an inclusive society where equality is not just a principle but a practice.

Common Mistakes When Filing a Claim and Frequently Asked Questions

Many victims face challenges when filing discrimination claims due to common pitfalls such as inadequate documentation, premature abandonment of evidence collection, and a lack of specialized legal advice. Frequently, claimants are unaware of their legal rights or the specific procedures established by AINODI. This section addresses frequently asked questions and offers practical tips to ensure that all necessary documentation is properly gathered and that the claim is presented in the most effective manner.

For personalized legal advice and to resolve any doubts, reach out to Fernanda Vargas via WhatsApp or schedule a consultation through Calendly. Her expertise in labor and immigration law provides the comprehensive support needed to navigate and overcome discrimination challenges.