New anti-discrimination authority in Spain: what companies must do in 2026

Key data

Spanish companies have a new interlocutor with real power: the Independent Authority for Equal Treatment and Non-Discrimination (AAI), whose statute enters into force on the same day of its publication, July 25, 2026. It is not an advisory body: it has its own legal personality, functional autonomy with respect to the General State Administration and authority to investigate, recommend and sanction. The Royal Decree 606/2026 develops its structure and operation, fulfilling what is provided for in Law 15/2022.

What does this regulation establish?

Royal Decree 606/2026 approves the Statute of the AAI, an organization originally created by Law 15/2022 but which until now lacked its own operational structure. With this statute, the AAI is fully constituted and active.

Its main functions are:

• Assist victims of discrimination and guide them in the exercise of their rights.
• Investigate possible discriminatory conduct in companies and public entities.
• Issue binding and non-binding recommendations on anti-discrimination matters.
• Impose sanctions in the cases provided for by Law 15/2022.
• Act as the competent body in Spain in the application of European Directives 2000/43/CE, 2024/1499 and 2024/1500.

The grounds for discrimination covered by the AAI are:

• Racial or ethnic origin
• Religion or beliefs
• Disability
• Age
• Sexual orientation

As for its personnel, it will be composed of civil servants or employees from organizations with previous functions in equality matters, thus ensuring continuity and technical specialization.

Economic and operational impact

The most direct impact for companies is not a fixed cost, but a risk of sanctions and reputation that until now was diffuse among different organizations. The AAI centralizes and strengthens the sanctioning capacity in anti-discrimination matters.

The concrete operational effects are:

• Greater exposure to investigations: any employee, candidate or customer can file a complaint with the AAI, which has the capacity to initiate investigations on its own initiative.
• Obligation to respond to recommendations: investigated companies must comply with the organization's requirements, with the costs of internal management and legal advice that this entails.
• Review of internal policies: organizations without updated protocols on equality and non-discrimination will need to invest in their design and implementation.
• Reputational risk: AAI resolutions are public, which adds a corporate image component to the risk of non-compliance.

The AAI operates with functional autonomy with respect to the General State Administration, which strengthens its independence and reduces the possibility that companies can influence its decisions through traditional administrative channels.

Who does it affect?

• Private companies of any size operating in Spain, especially in recruitment processes, working conditions and customer service.
• Public administrations and public sector entities, which are also subject to AAI investigations.
• Human Resources and Compliance departments responsible for designing and maintaining equality policies.
• Law firms and labor advisors who advise companies on equality and non-discrimination matters.
• Victims of discrimination based on racial or ethnic origin, religion, disability, age or sexual orientation, who now have a specialized organization to turn to.
• Companies with diverse workforces or mass recruitment processes, where the statistical risk of a complaint is higher.

Practical example

A distribution company with 80 employees receives a complaint from a candidate who claims to have been rejected in a recruitment process due to ethnic origin. The candidate goes to the AAI, which initiates an investigation. The company must provide documentation on the selection process, justify the selection criteria and respond to the organization's requirements within the specified timeframes.

If the company does not have a documented protocol for non-discriminatory selection or a record of objective criteria, its defensive position is very weak. The AAI can issue a public recommendation and, depending on what is established in Law 15/2022, refer the case to the corresponding sanctioning regime. The cost is not only economic: the resolution can be made public, with the consequent reputational impact.

This scenario is equally applicable to internal promotion decisions, differentiated salary conditions or access to services, in the five grounds covered by the AAI.

What should companies do now?

1. Audit internal equality and non-discrimination policies: review whether current protocols cover the five grounds within the AAI's competence (racial origin, religion, disability, age and sexual orientation).
2. Update or create the anti-discrimination protocol: document objective criteria in recruitment, promotion, remuneration and customer service. This document is the first line of defense in an investigation.
3. Designate an internal monitoring officer: assign a person (HR, Compliance or external advisor) to monitor AAI actions and manage possible requests.
4. Train middle managers and recruitment officers: unconscious bias in recruitment and promotion processes is the main source of complaints. Training directly reduces risk.
5. Review internal reporting channels: ensure that employees have ways to report discriminatory situations before they reach the AAI.
6. Consult with specialized legal advice: especially if the company operates in sectors with high workforce diversity or has had previous incidents in equality matters.

Official source

Consult complete regulation in official source

Disclaimer: This article is for informational purposes only and does not constitute legal advice. For specific decisions, consult a qualified professional. Source: https://www.boe.es/diario_boe/txt.php?id=BOE-A-2026-16172