LGTBI+ Obligations in Nursing Homes and Home Care Services: What Companies Must Do in 2026

Key data

Companies in the dependent care sector have new labor obligations regarding LGTBI+ matters that come into force immediately. The Resolution of 29 June 2026 from the General Directorate of Labor registers and publishes the agreement for partial modification of the VIII State Framework Agreement on services for care of dependent persons, adding two mandatory annexes that affect the entire chain: workers, managers, HR, suppliers, clients and users of the home care service.

This is not a recommendation or best practice: it is a contractual obligation with direct disciplinary consequences for those who fail to comply.

What does this regulation establish?

The modification of the VIII Framework Agreement incorporates two mandatory annexes with specific and enforceable content:

Additionally, the agreement expressly establishes:

• Mandatory training on sexual diversity and LGTBI+ rights for all staff, including middle managers and HR personnel.
• Non-discrimination guaranteed in access to employment, internal promotion and enjoyment of leave for LGTBI+ persons.
• Special attention to trans persons in all planned equality measures.
• Harassment conduct based on sexual orientation or gender identity is classified as very serious misconduct in the disciplinary regime of the agreement.
• Companies that do not have their own protocol are required to directly apply the protocol included in the agreement.

Economic and operational impact

The impact is not only regulatory: it has direct operational and economic consequences for any company in the sector.

• Training cost: Mandatory training for all staff—including managers and HR—involves spending on work hours, materials and, in many cases, hiring external trainers specialized in sexual diversity and LGTBI+ rights.
• Protocol drafting or adaptation: Companies without their own protocol must apply the one from the agreement immediately. Those that already have one must verify that it explicitly covers sexual orientation and gender identity, including suppliers, clients and users of the home care service.
• Disciplinary and reputational risk: Harassment conduct based on sexual orientation or gender identity is now very serious misconduct, with the consequences this implies in terms of disciplinary proceedings, possible fair dismissals and, where applicable, company liability if it has not adopted the required preventive measures.
• Extended scope of the protocol: The protocol is not limited to internal labor relations: it also covers suppliers, clients and users of the home care service, which significantly expands the management perimeter.

Who does it affect?

• Private nursing homes throughout the national territory.
• Companies providing home care services.
• All staff of these companies: assistants, technicians, middle managers and HR personnel.
• Suppliers providing services in the centers or in the context of home care services.
• Clients and users of home care services (regarding the scope of application of the anti-harassment protocol).

Practical example

A company managing three private nursing homes with 80 employees on staff—geriatric assistants, kitchen staff, middle managers and two HR personnel—must act as follows from 15 July 2026:

1. Review whether it has an anti-harassment protocol that explicitly covers sexual orientation and gender identity. If it does not have one or does not cover these cases, it must immediately adopt the protocol from the agreement, which also extends to suppliers and users served at home.
2. Plan training on sexual diversity and LGTBI+ rights for all 80 staff members, without exception. Middle managers and the HR team should receive it as a priority.
3. Update the internal disciplinary regulations to reflect that harassment based on sexual orientation or gender identity is very serious misconduct, with the consequences this entails.
4. If any of its workers suffers or reports conduct of this type, the company can no longer claim lack of protocol: it is required to activate the agreement's procedure.

What should companies do now?

1. Audit the existing anti-harassment protocol: Verify whether it expressly covers sexual orientation and gender identity and whether its scope of application includes suppliers, clients and users of the home care service. If not, adopt the agreement's protocol immediately.
2. Design the mandatory training plan: Organize training on sexual diversity and LGTBI+ rights for all staff. Prioritize middle managers and HR. Document attendance and content delivered.
3. Update the internal disciplinary regime: Incorporate the classification of harassment based on sexual orientation and gender identity as very serious misconduct, aligning it with what the agreement already establishes.
4. Review planned equality measures: Ensure that selection processes, internal promotion and leave management do not discriminate against LGTBI+ persons and that specific attention is paid to the needs of trans persons.
5. Communicate changes internally: Inform all staff of the existence of the protocol, its content and available reporting channels. Lack of internal communication does not exempt from responsibility.
6. Preserve documentation: Keep evidence of training delivered, protocol adoption and planned equality measures, in case of inspections or claims.

Official source

View complete regulation in official source

Notice: 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-2026-15441