In January, new obligations for companies regarding cognitive accessibility will come into force

On January 2, 2027, new obligations for companies regarding people with disabilities will come into force in areas such as personnel selection, occupational risk prevention, training, clocking-in systems, work organization, or reasonable accommodations. In this article, as expert labor lawyers, we tell you all the updates. 

Labor rights of people with disabilities

In general terms, Article 49 of the Spanish Constitution establishes that public authorities must carry out integration policies for people with disabilities, ensuring their access to fundamental rights, including the right to work. In this sense, people with disabilities can access the labor market in various ways: through ordinary employment in both private companies and public administrations, employment in special employment centers and labor enclaves, or self-employment. 

Workers with disabilities have a series of labor rights recognized by law, which are the following: 

• Equal opportunities in relation to access to jobs and selection processes, as well as promotion within the company and training. 
• The dismissal of a worker with a disability is not permitted when the cause of dismissal is the disability. 
• They also have the right to the adaptation of the workplace to their needs, within the company's possibilities. 

The General Law on the Rights of Persons with Disabilities and their Social Inclusion, in its Article 40, foresees that companies adopt measures to adapt workplaces and company accessibility for people with disabilities. In this sense, the new Royal Decree 707/2026 establishes a series of minimum obligations for companies to ensure real cognitive accessibility in the employment of people with a disability equal to or greater than 33% and an intellectual disability. The new Royal Decree will come into force on January 2, 2027. 

To which persons do the new measures apply? 

The new measures will apply to those workers who certify a disability percentage equal to or greater than 33% and an intellectual disability. These aspects must be proven by means of the certificate established by the applicable regulations. 

What measures have been approved? 

The measures affect various elements of work and focus on promoting equality and accessibility for people with disabilities. They are the following: 

Measures in job offers and selection processes

When companies carry out selection processes, job offers must be written in simple language and offer the possibility of adapting the interview to prevent people with disabilities from suffering any type of discrimination. 

Measures in the onboarding to the workplace

Both private companies and Public Administrations must prepare manuals that are in easy-to-read format for the onboarding of people with disabilities and will designate a support person for the worker with a disability. On the other hand, trade unions may also prepare manuals of good practices for cognitive accessibility in the workplace.

Measures in occupational risk prevention

Companies have an obligation to provide training and information on occupational risk prevention to their workforce, but, to facilitate accessibility for people with disabilities, information and training must be provided using an easy-to-read version and alternatives to the written format must be given, such as audio. 

Measures for clocking-in and authentication systems

Time control is an obligation for companies, which must therefore implement effective clocking-in systems. Consequently, these systems must be adapted so that people with disabilities can access them without a password that needs to be memorized and with a system of their choice that is easy to use. 

Companies must also establish two-step verification systems for sending information. 

Measures to adapt documents, meetings, and communications in the company

People with disabilities may use their usual means of communication and request that documents be adapted to their needs in order to perform the tasks inherent to their job position. Meetings in which these individuals participate must also be adapted. 

Measures regarding schedules and workload

The new regulations coming into force also establish that companies must make reasonable accommodations regarding work schedules, defined times to perform tasks, workload, and the possibility of using technologies to perform such work. 

Adjustments are established at the request of the worker with a disability and will be reviewed periodically. 

In the event that these measures are breached, the regime of infractions and sanctions relating to equal opportunities, non-discrimination, and accessibility for people with disabilities will be regulated by the Law on Infractions and Sanctions in the Social Order. 

Subsidies for companies that hire people with disabilities

The regulations establish a series of incentives for companies that hire people with disabilities, such as discounts on Social Security contributions and aid to adapt workplaces, thus removing barriers and guaranteeing accessibility for people with disabilities.

The types of discrimination faced by workers with disabilities

In the workplace, workers with disabilities face several types of discrimination, which are the following:

• Direct discrimination. It occurs when the company does not consider a worker with a disability for a job position precisely because of having that disability. 
• Indirect discrimination. In this case, an apparently neutral business decision occurs, but it significantly affects employees with disabilities. 
• Workplace harassment. In this scenario, hostile and frequent actions occur toward a worker with a disability. 

If you have any questions about labor law and need help, contact our team of expert labor lawyers so they can study your case and advise you.