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Austria: Equal opportunities

Original and updating author: Silva Palzer, Eversheds Sutherland (Austria)
Updating author: Sandra Singhofer, Eversheds Sutherland (Austria)

Summary

Both direct and indirect discrimination are prohibited in all aspects of employment relationships on grounds including sex, ethnic origin, religion or belief, age, sexual orientation and disability. (See General)
Unequal treatment based on a characteristic related to any of the prohibited grounds of discrimination does not constitute unlawful discrimination where such a characteristic constitutes a genuine and determining occupational requirement. (See Exemptions)
Harassment and sexual harassment constitute unlawful discrimination and are prohibited. (See Harassment and sexual harassment)
Employees must not be victimised for making a complaint or initiating proceedings related to equal treatment and non-discrimination. (See Victimisation)
Positive measures taken with the aim of promoting equality in employment are not considered to be unlawful discrimination. (See Positive action)
An employer must inform and consult the works council set up to represent its employees' interests about measures to promote work-life balance and women's employment, and must discuss proposals and requests made by the works council in this area. (See Active measures)
An employee or job applicant who believes that they have suffered unlawful discrimination on any of the statutory protected grounds may bring a court case against the employer seeking compensation and, in some cases, other remedies. (See Remedies and penalties)