Proceedings before the Equal Treatment Commission

General information

Caution

In general, these rules apply to all EU citizens in Austria.

Persons affected by discrimination may contact the Equal Treatment Commission directly. The Equal Treatment Commission provides consultation free of charge! It is not necessary to involve a lawyer in the proceedings.

However, it is also possible to obtain free advice in advance from the Ombud for Equal Treatment or the Chamber of Labour of your federal state and, with their support, to submit an application to the Equal Treatment Commission.

Procedure

The application may be submitted by the affected person him/herself, by the works council, by interest groups or by the Ombudsman for Equal Treatment by way of an informal letter.
The Chamber examines the facts of the case by personally interviewing informants. In principle, the claimant and the respondent should be interviewed together.
The result of the investigation is sent to the affected person in writing.
If the Equal Treatment Commission finds that discrimination has taken place, the person responsible for the discrimination will be asked to end said discrimination.
In addition to the results of the investigation of the specific case, the Chamber also prepares expert opinions and issues recommendations to the discriminating agency (e.g. employer, landlord, event organiser).

Advice

Affected persons may withdraw their application to the Equal Treatment Commission at any time, for example if an in-house solution or a court settlement is reached in the meantime.

Further information

The Equal Treatment Commission is unable to award compensation for damages. This is the responsibility of the courts.

The Equal Treatment Commission and the Labour and Social Court may be called upon independently of one another.

Further links

Procedure before the Equal Treatment Commission (→ BKA) German text

Legal basis

Bundesgesetz über die Gleichbehandlungskommission und die Gleichbehandlungsanwaltschaft German text

Translated by the European Commission
Last update: 17 February 2021

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