Yolanda Díaz and Irene Montero are the protagonists of an unusual situation. The same day they modified the same article of a law and now nobody knows which of the two versions is in force. Neither the lawyers nor the Official State Gazette (BOE), which includes the two newsrooms because, when published on the same date, there is no version that prevails over the other. So at some point this will have to be corrected.
The anomaly, published in El Confidencial, was discovered by labor lawyer Robert Gutiérrez when he was reviewing the Law on Violations and Sanctions in the Social Order (LISOS) and he reported it on Twitter. It turns out that through the Employment Law, promoted by the Ministry of Labor, and the Trans Law, the work of the Ministry of Equality, article 16 section c was modified, each on its own.
The two regulations were published in the BOE on the same day, February 28, and for this reason there was no other option than to introduce the two alternative wordings of section c into the law, but with a note that warns of the situation. Waiting for the matter to be resolved.
"Take into account that letter c) of section 1 is modified by final provision 1.2 of Law 3/2023, of February 28, Ref. BOE-A-2023-5365 and, with the same date of official publication and entry into force, letter c) is modified again by final provision 6.4 of Law 4/2023, of February 28. Ref. BOE-A-2023-5366. Both wordings are shown".
As Gutiérrez emphasizes on his Twitter, the reality is that the BOE "does not know which wording is in force" and that is why it shows "both wordings."
The error is within the article that addresses "very serious" violations for companies and colocation entities. The duplicate section sanctions the request for "personal data in selection processes".
The wording that comes from the Employment Law is the following: "Request personal data in any intermediation or placement process or establish conditions, through advertising, dissemination or by any other means, that constitute discrimination for access to employment by reasons of age, sex, disability, health, sexual orientation, gender identity, gender expression, sexual characteristics, nationality, racial or ethnic origin, religion or beliefs, political opinion, union membership, as well as language, within the Spanish State, or any other personal or social condition or circumstance"
On the other hand, the text modified by the Trans Law reads as follows: "Request personal data in selection processes or establish conditions, through advertising, dissemination or by any other means, that constitute discrimination for access to employment on the grounds of sex , origin, including racial or ethnic origin, age, marital status, disability, religion or beliefs, political opinion, sexual orientation and identity, gender expression, sexual characteristics, union membership, social status and language within the State".
The way to resolve this strange situation will be to approve a change taking advantage of the processing of another law. It will be the way to clarify which section c is in force.
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