Austrian Ombud for Equal Treatment

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

Ombud for Gender Equality in Employment: 1991

Ombud for Equal Treatment on the grounds of Ethnic Belonging, Religion or Belief, Age or Sexual Orientation in Employment: 2005

Ombud for Ethnic Equality in Goods and Services: 2005       

Mode of establishment:

Legislation

Equal Treatment Act; Act relating to the Ombud for Equal Treatment and the Equal Treatment Commission BGBl. 66/2004

Status:

Government agency

Independent officers within the Federal Ministry of Health and Women

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 its content, 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 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 representation

Information, promotion, awareness-raising

Main activities:

- Counsel and support people feeling discriminated against

- Obtain information from employer/institution and/or works committee (shop steward)

- Negotiate informally with employers concerning how to eliminate discrimination

- Pass cases onto the Equal Treatment Commission

- Take part in the Equal Treatment Commission as experts

- Investigate on behalf of the Equal Treatment Commission (fact-finding mission)

- Inform the local authority about job advertisements

- Report 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

- Conduct independent research

Publications:

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

Contact central head office for the Austrian Casebook containing:

- applications to the equal treatment commission for the private sector

- applications to the federal equal treatment commission for the civil service

- labour court decisions 

- summary of area of authority    

Management: