Enforcement in the event of discrimination

Persons affected by discrimination are entitled to

• compensation for damages
• in some sectors, to the subsequent award of benefits that were unduly withheld
• a prohibitory injunction in the event of harassment on the basis of a disability

Protection against discrimination under the Disability Equality Act applies to

• physically, intelectually and psychologically disabled persons
• persons with sensory disabilities
• those in a close relationship with the affected person (e.g. their dependants)

It is not necessary for the existence of a disability to have been officially confirmed in order to be able to benefit from protection against discrimination; however, there must be a direct connection between the disability and the act of discrimination.

The court (BMJ)^{German text} that is locally competent for the residence of the affected person.

Extrajudicial arbitration

Before proceedings are brought before the court, an attempt must be made to reach an amicable settlement as part of an extrajudicial arbitration procedure before the arbitration service of the Ministry of Social Affairs [Sozialministeriumservice].

This arbitration procedure is free of charge.

In cases of suspected discrimination, the arbitration procedure may also be conducted by the Ombud for Disability [Behindertenanwältin/Behindertenanwalt] on behalf of or in the name of the affected person.The possibility of mediation by independent mediators may also be exercised free of charge as part of the arbitration procedure.

Collective action

• The Austrian Disability Council [Österreichischer Behindertenrat], that is the umbrella association for disability organisations in Austria,
• the Ombud for Disability [Behindertenanwältin/Behindertenanwalt]
• the Claimants' Association for the Enforcement of the Rights of Victims of Discrimination [Klagsverband zur Durchsetzung der Rechte von Diskriminierungsopfern]

may bring a collective action to establish discrimination in cases involving special public interest and a collective action to cease and desist discriminatory acts against large corporations.

In matters relating to insurance contract law an injunction may be filed under certain conditions.

• Equality (BMASGPK)^{German text}
• Austrian Disability Council (ÖBR)^{German text}
• Claimants' Association for the Enforcement of the Rights of Victims of Discrimination (KLV)^{German text}
• Ombud for Disability (Office of the Ombud)^{German text}
• Discrimination at the workplace (AK)^{German text}

sections 3, 4, 9, 10, 12 to 17 of the Bundes-Behindertengleichstellungsgesetz (BGStG)