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Spain’s disability rights framework was consolidated in 2013. The Revised General Law on the Rights of Persons with Disabilities and their Social Inclusion (Royal Legislative Decree 1/2013) repealed and replaced the earlier Law 13/1982 (LISMI), Law 51/2003 and Law 49/2007, and is now the operative statute. It applies to all public and private employers with no headcount threshold.
A person with a disability is one with a long-term physical, mental, intellectual or sensory impairment that, in interaction with barriers, may hinder full and effective participation on an equal basis; for most administrative purposes this is evidenced by a certified degree of disability of 33% or more. Law 15/2022 on Equal Treatment and Non-Discrimination adds a general prohibition on discrimination that expressly includes the denial of reasonable adjustments.
Companies with 50 or more employees must also reserve at least 2% of positions for persons with disabilities or adopt approved alternative measures.
Article 40 of RDL 1/2013 requires employers to take appropriate measures to adapt the workplace and make it accessible according to the needs of each specific situation, so that persons with disabilities can access employment, perform their work, progress professionally and receive training, unless those measures would impose an excessive burden on the employer.
Adjustments may include adapting physical spaces and workstations, modifying schedules or task distribution, providing assistive technology, teleworking, and reassignment. Whether a burden is excessive is assessed against its cost, the public funding available to offset it, the size and resources of the organisation, and its financial position. The Workers’ Statute separately obliges employers to adapt the job to the worker’s condition where health and safety require it.
Spanish law does not set a fixed procedure or response deadline, but employers are expected to act promptly and in good faith once a need is known, and to involve the worker and, where present, the health and safety committee and workers’ representatives.
Employers may ask for the disability certificate issued by the regional authority, or occupational health service assessments, to evaluate the adjustment needed, but must limit requests to what is necessary and treat the information as sensitive personal data under the GDPR and Spain’s Organic Law 3/2018. Any adverse action for having requested an adjustment is prohibited.
Employers should also be aware that the denial of a reasonable adjustment can itself constitute discrimination under Law 15/2022, independently of any other treatment.
Compliance is supervised by the Labour and Social Security Inspectorate, which can impose administrative fines under the Law on Infractions and Sanctions in the Social Order; discrimination on grounds of disability is classified as a very serious infraction. Workers may also bring claims in the social courts, where discriminatory dismissals are void and compensation for moral damages is available, and may complain to the Ombudsman. Public funding is available to help finance adjustments, which weighs against a claim of excessive burden.
Managing workplace adjustments requests under the Revised General Law on the Rights of Persons with Disabilities and their Social Inclusion (Royal Legislative Decree 1/2013), with Law 15/2022 can be complex—multiple forms, response deadlines, and cross-department coordination all add complexity.
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This guide is provided for general informational purposes only and does not constitute legal advice. Employment laws change frequently and vary by jurisdiction. Consult qualified employment counsel before acting on any information here. Last reviewed: September 2026.
