Austrian Ombud for Equal Treatment

The Austrian Ombud for Equal Treatment (Gleichbehandlungsanwaltschaft) consists of three independent parts established respectively in:

Ombud for Equal Treatment between Women and Men in Employment and Occupation (1991)
Ombud for Equal Treatment irrespective of Ethnic Belonging, Religion or Belief, Age or Sexual Orientation in Employment and Occupation (2005)
Ombud for Equal Treatment irrespective of Ethnic Belonging in other areas (2005)      
                             
Date and mode of establishment

Date of establishment: 01.01.1991, legal basis then Equal Treatment Act, BGBl Nr. 410/1990
Now the legal basis is the Equal Treatment Act and the Act relating to the Ombud for Equal Treatment and the Equal Treatment Commission, BGBl. Nr. 98/2008
 
Status

Government agency
Independent officers within the Federal Chancellery, Ministry for Women and Public Administration
               
Mandate / objectives

The Act relating to the Ombud for Equal Treatment and the Equal Treatment Commission (ETC) sets out the area of authority of the Ombuds, who are independent in their activities, as follows:

• to provide individual support and legal representation (before the ETC) to victims of discrimination in the sense of part I (gender), part II (age, sexual orientation, ethnic belonging, religion and belief at work) and part III (ethnic belonging in goods and services, education, social protection and social advantages) of the Equal Treatment Act (ETA);
• to negotiate with employers/institutions/service providers on behalf of the victim on the basis of the legal right to obtain relevant information from the employer/head of institution and/or the shop steward;
• to pass cases on to the ETC when the Ombud concludes that unlawful discrimination has taken place; the ETC then has to start its legal procedure;
• to take part in the meetings of the ETC with the right to speak and ask questions;
• to raise a claim in court in case the Ombud does not agree with the ETC`s decision;
• to report independently to the National Assembly on its observations and make recommendations (e.g. for further amendments of the ETA);
• to undertake independent research on discrimination issues;
• to inform the public in general and especially relevant target groups on all issues related to the work of the Ombud and equality issues.
• to spread information about successful cases and possible applications of the ETA through (adult) education;
• to assist employers/institutions to establish and develop equality action plans and/or any other necessary action to avoid legal consequences;
 (the last three issues are not part of the legal provisions but follow from interpretation of the law).
             
Grounds of discrimination covered

Central office: gender, age, sexual orientation, ethnic belonging, religion and belief
Regional offices: gender
                  
Competences / responsibilities

Legal advice and support
Negotiations and friendly settlements
Representation before the Equal Treatment Commission
Opening of an administrative procedure in case of discriminating job advertisements
Action for declaratory judgment if the decision of the Equal Treatment Commission differs from the opinion of the Ombud for Equal Treatment
Action for declaratory judgment if a written proposal by the Equal Treatment Commission of how to implement equal treatment is not complied with)
Information, promotion, awareness-raising
              
Main activities

To advise on a legal basis and support people feeling discriminated against
Obtain information from employer/institutions/service providers and/or works committee (shop steward)
Negotiate informally with employers/service providers concerning how to eliminate discrimination
Pass cases on to the Equal Treatment Commission
Take part in the Equal Treatment Commission`s procedure as experts
Investigate on behalf of the Equal Treatment Commission (fact-finding mission)
Open an administrative procedure in case of discriminating job advertisements
Report bi-annually to the national assembly about the work and the observations of the Ombud
Inform the public about the Equal Treatment Act and precedents decided by the Equal Treatment Commission.
Conclude voluntary agreements to carry out the Equal Treatment Act
Draw up action plans/programmes for the advancement of women
Develop codes of practice (e.g. to prevent sexual harassment)
Address general equality matters
Publish reports and recommendations on all issue related to discrimination
Conduct independent investigations into discrimination matters
                  
Publications

Bi-annual Report (in German) available on www.gleichbehandlungsanwaltschaft.at

Information materials like: “Know your rights”, “Diversity.Respect.Rights”, “Sexual harassment”, “Gender-neutral job advertisments”
Articles in relevant magazines

Promotion of equality

Promotion is part of the competences of the Ombud according to the provisions on positive action laid down in the Equal Treatment Act.

The Ombud does not have a department or mission doing promotion only. Everybody is in charge of promotion of equality.

The Austrian Ombud for Equal Treatment is responsible for: gender, ethnic belonging, religion, belief, age, sexual orientation.

                   
Management

Head of the Office: Ombud for Equal Treatment between Women and Men in Employment and Occupation coordination function.
Ombud for Equal Treatment irrespective of Ethnic Belonging, Religion or Belief, Age or Sexual Orientation in Employment and Occupation
Ombud for Equal Treatment irrespective of Ethnic Belonging and Gender in other areas
The Ombuds are independent in their legal competences.

Number of complaints submitted per year

Approximately 4000

Nomination of senior staff and board

Appointed by the Minister of Women and Media. No limitation, but revocable by minister on certain grounds laid down in the ETA.
                
Number of Staff

27
             
Budget

Staff and premises are provided by the Federal Chancellery Fixed budget for information per year, callable EUR 1,996.674,00 including staff and premises.

                 
Accountability

Report to National Assembly every second year.
               
Addresses

Central Office:         
Taubstummengasse 11, A-1040 Vienna
Tel: +43 1 5320244
Fax: +43 1 5320246
E-Mail: gaw@bka.gv.at
www.gleichbehandlungsanwaltschaft.at
    
Regional Ombuds for Gender Equality in Employment:
              
Styria 
Europaplatz 12, 8020 Graz
Tel. +43 316/720590
Fax +43 316/725090-4
E-Mail: graz.gaw@bka.gv.at
            
Upper Austria 
Mozartstrasse 5/3, 4020 Linz
Tel. +43 732/783877
Fax +43 732/783877-3
E-Mail: linz.gaw@bka.gv.at
             
Carinthia 
Kumpfgasse 25, 9020 Klagenfurt
Tel. + 43 463/509110
Fax + 43 463/509110-15
E-Mail: klagenfurt.gaw@bka.gv.at
           
Tyrol-Salzburg-Vorarlberg 
Leipzigerplatz 2, 6020 Innsbruck
Tel. +43 512/343032
Fax +43 512/343032-10
E-Mail: ibk.gaw@bka.gv.at

Contact details

Head of the office:

Ingrid Nikolay-Leitner
Ph: +43 1 5320244
ingrid.nikolay-leitner@bka.gv.at

Main contact person: Ulrike Salinger ulrike.salinger@bka.gv.at  
Communications officer contact: Katharina Raffl katharina.raffl@bka.gv.at  
Legal expert contact: Birgit Gutschlhofer birgit.gutschlhofer@bka.gv.at

Further information

www.gleichbehandlungsanwaltschaft.at