The judge considers that reducing the pay of a woman who suffered a work accident while on reduced hours to care for a child constitutes indirect sex discrimination. Consequently, it orders the Social Security to pay her a pension as if the worker had been on full-time hours at the time of the incident.

Current regulations stipulate that the amount of the permanent disability benefit derived from a work accident is calculated based on the salary the worker was actually receiving at the time of the incident. In this case, the salary of the employee involved was reduced, in proportion to the time she had stopped working to care for her child.

According to the court ruling, this interpretation "is detrimental to women, and from this holistic view, we can only conclude that it is not proportionate to the intended objective and cannot be applied as resolved administratively; instead, the regulatory base for the recognized benefit must be calculated on a full-time basis".

From Col·lectiu Ronda, the law firm handling the worker's defense, they have described the ruling as "pioneering due to the gender perspective with which it interprets the regulations." The judge believes that Spanish legislation ultimately harms women, as they are the ones who, in almost all cases, end up taking reduced working hours to care for their children. The ruling is from a court of first instance, therefore it does not set a precedent and can be appealed.

The judge cites two relevant data points: between 2020 and 2024, in Spain, 9 out of 10 reduced working hours for childcare are taken by women. Furthermore, a total of 92 permanent disability pensions resulting from work accidents were recognized for workers who, at the time of the accident, were on reduced working hours to care for their children, of which 22.8% (21) were pensions recognized for men and 77.2% (71) for women.