Federal Equal Treatment Act (Bundesgleichbehandlungsgesetz (B-GlBG))
The Federal Equal Treatment Act is a legal framework in Austria that addresses gender equality and professional nondiscrimination within the federal domain. Extract of the most important chapter concerning this sites topics:
Section 8: Sexual Harassment
(1) Discrimination based on gender occurs when an employee, in connection with their employment or training relationship:
- Is sexually harassed by the employer’s representative.
- Is discriminated against by the employer’s representative for failing to take appropriate action when sexual harassment occurs from a third party.
- Is sexually harassed by third parties.
(2) Sexual harassment is defined as behavior related to the sexual sphere that impairs a person’s dignity or aims to do so. It includes unwanted, inappropriate, degrading, offensive, or indecent conduct. It falls under the Equal Treatment Act if it:
- Creates an intimidating, hostile, or humiliating work environment.
- Results in differential treatment based on the victim’s response to sexual harassment.
(3) The employer is also liable if they fail to address and remedy sexual harassment.
Section 8a: Harassment
(1) Discrimination based on gender also occurs when an employee, in connection with their employment or training relationship:
- Is harassed by the employer’s representative due to gender-related behavior.
- Is discriminated against by the employer’s representative for failing to take appropriate action when harassment occurs from a third party.
- Is harassed by third parties.
(2) Gender-related harassment occurs when behavior related to the sexual sphere impairs a person’s dignity or aims to do so. Is unwanted, inappropriate, degrading, offensive, or indecent for the affected person.
- Creates an intimidating, hostile, or humiliating work environment for the affected person or aims to do so.
- The affected person’s rejection or tolerance of gender-related behavior by the employer’s representative, a colleague, or a colleague is explicitly or implicitly used as a basis for decisions affecting their access to education, employment, continued employment, promotion, remuneration, or other decisions related to their employment or training relationship.
(3) Discrimination also occurs when someone instructs another person to engage in harassment.
Section 13 Equal Treatment Requirements in Connection with an Employment or Training Relationship
(1) Based on ethnic origin, religion, or worldview, age, or sexual orientation – especially considering marital status or whether someone has children – no one may be directly or indirectly discriminated against in connection with an employment or training relationship according to § 1 (1). This prohibition applies specifically to:
- The establishment of the employment or training relationship.
- Determination of remuneration.
- Granting voluntary social benefits that do not constitute remuneration.
- Measures related to internal departmental education and training.
- Career advancement, particularly in promotions and the assignment of higher-paid positions (functions).
- Other working conditions.
- Termination of the employment or training relationship.
(2) Paragraph 1 does not apply to differential treatment based on nationality or treatment resulting from the legal status of third-country nationals or stateless persons.
Section 13a Definitions
(1) Direct discrimination occurs when a person, in a comparable situation, receives less favorable treatment based on one of the grounds mentioned in § 13, compared to another person who has received or would receive more favorable treatment. Direct discrimination also occurs when a person, in a comparable situation, receives less favorable treatment based on one of the grounds mentioned in Paragraph 13.
(2) Indirect discrimination occurs when apparently neutral provisions, criteria, or procedures disproportionately disadvantage persons belonging to an ethnic group, persons with a specific religion or worldview, persons of a certain age, or persons with a specific sexual orientation, unless the relevant provisions, criteria, or procedures are objectively justified by a legitimate aim, and the means used to achieve that aim are appropriate and necessary.
(3) Discrimination also occurs when a person is instructed to discriminate against another person.
(4) Discrimination also occurs when a person is discriminated against based on their close relationship to another person’s ethnic origin, religion, worldview, age, or sexual orientation.
Section 19 Sexual Harassment and Harassment
(1) An employee has the right to compensation for damages suffered if they have been discriminated against due to harassment under §§ 8 and 8a or 16 in connection with their employment or training relationship by the harasser.
(2) In the case of harassment under §§ 8 (1) Z 2 and 8a (1) Z 2 or 16 (1) Z 2, the claim of an employee for compensation for damages also exists against the federal government.
(3) If the disadvantage does not result in a financial loss, the employee is entitled to appropriate compensation for the personal impairment suffered, but at least €1,000 in damages.
Section 19a Multiple Discrimination
If there is multiple discrimination based on the reasons mentioned in Section 4 or Section 13(1), this should be taken into account when determining the compensation for the personal harm suffered.
