Claims in the event of discrimination under the Equal Treatment Act

Caution

These rules apply to all EU citizens in Austria.

Persons affected by discrimination are entitled to:

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

Caution

A discriminatory termination or dismissal must be challenged before the court within 14 days. Alternatively, the employee may make a claim for damages and compensation for personal impairment suffered if he/she allows the termination to stand.

Employers should not discriminate against persons who have lodged a complaint due to discrimination under the Equal Treatment Act or who have proceedings for the enforcement of equal treatment pending. This means that no dismissal, termination or other form of discrimination should take place that is judged to be a reaction to the fact that the employee is seeking to enforce his/her right to equal treatment. The prohibition on discrimination also applies to witnesses or informants in proceedings and/or to any person who is supporting a colleague’s complaint.

Claims under the Equal Treatment Act must be asserted before the court.

Further information on asserting claims before the court can be found in the chapter "Enforcing legal claims resulting from the Equal Treatment Act".

Caution

Other claims apply for the Federal Equal Treatment Act. Further information is available from the Federal Equal Treatment Commission.

Further links

Legal basis

Bundesgesetz über die Gleichbehandlung German text

Translated by the European Commission
Last update: 2 June 2020
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  • Federal Chancellery
  • oesterreich.gv.at Editorial Staff