Equal treatment in general and bodies

The provisions on equal treatment in state and municipal (association) service include a comprehensive requirement on equal treatment that bans any direct or indirect discrimination on the grounds of sex. Various institutions have been entrusted with the task of complying with the provision and promoting equal treatment and/or equality.

Employment relationship with a municipality, a municipal association or a statutory city.

Claims against the municipality or the municipal association shall be asserted by application to the competent service authority initially within three months (within three years in the event of (sexual) harassment).

In principle, the period for asserting claims shall start upon expiry of the day on which the claimant has become aware of the discriminatory measure in writing.

The service authority shall regulate the asserted claim by means of a notification within three months.

Claims against the harassing person may be asserted before court within a period of three years.

The service authority shall regulate the asserted claim by means of a notification within three months.

Municipalities, municipal associations and statutory cities.

Claims against the municipality or the municipal administration shall be asserted by application to the competent service authority.

No information available.

No information available.

No information available.

No information available.

a) General

The provisions on equal treatment in state and municipal (association) service include a comprehensive requirement on equal treatment that bans any direct or indirect discrimination on the grounds of sex upon

• establishment of the employment relationship,
• determination of the remuneration,
• granting of voluntary social benefits,
• measures of employment-related training and advanced training,
• professional advancement, in particular upon assignment of tasks with higher remuneration and promotions,
• for other work conditions, and
• termination of the employment relationship.

Any direct or indirect discrimination on the grounds of sex is a violation of employment duties and shall be subject to employment and disciplinary sanctions. Upon violation of the principle of equal treatment, damages and/or restoration of the legal state may be claimed.

Therefore, employees affected by discrimination shall be entitled to

• compensation of damages or
• elimination of discrimination, and
• compensation for pecuniary losses and compensation for the personal impairment suffered.

b) Persons and institutions responsible for equal treatment and promotion of women

The following institutions are responsible for equal treatment and/or equality in state and municipal (association) service:

• Equal treatment/equality commission
• Equal treatment officer
• Liaison women or coordinators

The members of the equal treatment/equality commission and the equal treatment officer are not bound by instructions in the performance of their activities. The liaison women and/or coordinators must not be limited in the performance of their work and must not be disadvantaged on such grounds, either.

Such persons are bound by confidentiality obligations both during and after the conclusion of their work activities.

Sec. 26 of the Oö. Gemeinde-Gleichbehandlungsgesetz [Upper Austrian Municipal Equal Treatment Act]

For laws and regulations, please refer to the Rechtsinformationssystem [Legal Information System] (RIS)

EAP - Point of Single Contact Upper Austria
eap@ooe.gv.at

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Responsible for the content: Direktion Inneres- und Kommunales
Last update: 18.03.2021