What are the legal consequences?
table of content
These rules apply to all EU citizens in Austria.
If you suffer sexual harassment at the workplace, you are entitled to suitable compensation for damages amounting to no less than EUR 1 000.
You are eligible to claim damages from:
- the person who discriminated against you
- your employer if he/she negligently fails to take appropriate remedial action, i.e. if he/she fails to prevent harassment by third parties (e.g. by warning, transfer or termination)
- the federal government, if the employer’s representative negligently fails to take appropriate remedial action.
Sexual harassment may also result in criminal penalties for the perpetrator.
The deadline for making a claim for damages before the court is 3 years.
- For employees in the private sector: the Labour and Social Court (→ BMJ) German text
- For contract workers: the Labour and Social Court (→ BMJ) German text
- For civil servants: the relevant administrative authority
- Bundesgesetz über die Gleichbehandlung German text
- Bundesgesetz über die Gleichbehandlung im Bereich des Bundes German text
Translated by the European Commission
Last update: 24 February 2023
Responsible for the content: Federal Ministry of Labour and Economy