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Amendment Of The Equal Treatment Act, The Law On The Equal Treatment Commission And The Equal Treatment Of Prosecutor's Office, The Disabled Setting Law And Of Federal Disabled Eng Leichs...

Original Language Title: Änderung des Gleichbehandlungsgesetzes, des Gesetzes über die Gleichbehandlungskommission und die Gleichbehandlungsanwaltschaft, des Behinderteneinstellungsgesetzes und des Bundes-Behindertengleichs...

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7. Federal Act amending the Equal Treatment Act, the Equal Treatment Commission Act and the Equal Treatment Attorney's Office, the Disabled Employment Act and the Federal Disabled Persons Act on Equal Opportunities

The National Council has decided:

Article 1

Amendment of the Equal Treatment Act

The Equal Treatment Act, BGBl. I n ° 66/2004, as last amended by the Federal Law BGBl. I n ° 98/2008 and the Federal Ministries of Finance 2009, BGBl. I n ° 3/2009, shall be amended as follows:

1. The table of contents is:

table of contents

I. Part

Equal treatment of women and men in the working world

§ 1. Scope

§ 2. Gender Equality

§ 3. Equal treatment in the context of an employment relationship

§ 4. Equal treatment in the rest of the working world

§ 5. Definitions

§ 6. Sexual harassment

§ 7. Molestation

§ 8. Positive action

§ 9. Offer of gender-neutral job vacancy

§ 10. Criminal provisions

§ 11. Remuneration Criteria

§ 11a. Income Report

§ 12. Legal consequences of the violation of the equal treatment offer

§ 13. Prohibition of discrimination

§ 14. Support measures

§ 15. Time limits for the assertion of claims

II. Part

Equal treatment in the world of work without distinction between ethnicity, religion or belief, age or sexual orientation (anti-discrimination)

§ 16. Scope

§ 17. Equal treatment in the context of an employment relationship

§ 18. Equal treatment in the rest of the working world

§ 19. Definitions

§ 20. Derogations

§ 21. Molestation

§ 22. Positive action

§ 23. Offer of non-discriminatory job vacancy

§ 24. Criminal provisions

§ 25. Remuneration Criteria

§ 26. Legal consequences of the violation of the equal treatment offer

§ 27. Prohibition of discrimination

§ 28. Support measures

§ 29. Time limits for the assertion of claims

III. Part

Equal treatment without distinction of sex or ethnicity in other areas

Section 1

§ 30. Scope

§ 31. Equal treatment

§ 32. Definitions

§ 33. Derogations

§ 34. Positive action

§ 35. Harassment and sexual harassment

§ 36. Offer of non-discriminatory advertising of housing

Section 37 Penal provisions

§ 38. Legal consequences of the violation of the equal treatment offer

§ 39. Prohibition of discrimination

§ 40. Support measures

Section 2

Principles governing the system of equal treatment without distinction of ethnicity in other areas

§ 40a. Scope

§ 40b. Equal treatment, definitions, legal consequences

§ 40c. Obligation to establish or designate an independent body

IV. Part

Principles governing equal treatment in working life in agriculture and forestry

§ 41. Scope

§ 42. Equality

§ 43. Equal treatment

§ 44. Definitions

§ 45. Derogations

§ 46. Sexual harassment

§ 47. Molestation

§ 48. Positive action

§ 49. Offer of gender-neutral and non-discriminatory job vacancy

§ 50. Remuneration Criteria

§ 51. Legal consequences of the violation of the equal treatment offer

§ 52. Prohibition of discrimination

§ § 53. and 54. Tasks of a Equal Treatment Commission

§ 55. Advocate for Equal Treatment; Equal Treatment Officer

§ 56. Publication

§ 57. Obligation to provide information

§ 58. Criminal provisions

V. Part

Final provisions

§ 59. References

§ 60. Laying down the law

§ 61. Legal justification of the court

§ 62. Secondary intervention

§ 63. entry into force

§ 64. Enforcement "

2. § 5 is added to the following paragraph 4:

"(4) Discrimination shall also be applied where a person is discriminated against on account of their sex as a result of their close-up."

3. § 6 the following paragraph 4 is added:

"(4) Discrimination also occurs when a person is sexually harassed by reason of their close-up to a person on account of their sex."

4. § 7 is added to the following paragraph 4:

"(4) Discrimination also occurs when a person is harassed to a person on account of their sex as a result of their close-to-life relationship."

5. The previous § 9 receives the sales designation "(1)" . The quote "§ § 4 et seq. of the Employment Promotion Act" is due to the quote § § 2 ff of the Labour Market Promotion Act replaced.

6. § 9 is added to the following paragraph 2:

" (2) The employer or private employment agent in accordance with § § 2 et seq. of the Employment Promotion Act or a legal person in charge of the employment agency is obliged to apply for the contract in the tender procedure. to indicate the collective contractual or the minimum charge applicable by law or other norms of collective redress, and to indicate the willingness to pay the overpayment if such a service exists. "

§ 10 together with headline:

" Penal Provisions

§ 10. (1) Those who, in contrast to the provisions of § 9 para. 1, only write a job for men or women, are at the request of a jobseeker, the lawyer for equal treatment of women and men. to punish in the working world or a regional lawyer by the district administrative authority with a fine of up to 360 euros.

(2) Anyone who does not receive the information referred to in paragraph 2 as a working agent in accordance with the provisions of Section 9 (2) of the Employment Committee shall, at the request of one of the recruiters, be the lawyer responsible for equal treatment of To admonish women and men in the world of work or a regional lawyer in the first violation of the district administrative authority and to punish them for further infringements with a fine of up to 360 euros.

(3) Who, as an employer,

1.

Contrary to the provisions of Section 9 (1), a workplace is only available for men or women, or

2.

Contrary to the provisions of Section 9 (2) of the vacancy notice, the vacancy notice does not include the information contained in the notice,

, at the request of a jobseeker, the lawyer for equal treatment of women and men in the working world or a regional lawyer in the case of the first breach by the District Administrative Authority, and in the case of a further Punish infringements with a fine of up to 360 euros.

(4) In an administrative criminal proceedings initiated at the request of the lawyer for equal treatment of women and men in the working world or a regional lawyer for breach of § 9, the lawyer for equal treatment of women and men shall be Men in the world of work or the regional counsel party. The lawyer for equal treatment of women and men in the world of work or the regional lawyer shall have the right to appeal against criminal charges and opposition to criminal decrees. "

8. In accordance with § 11, the following § 11a including the heading is inserted:

" Income Report

§ 11a. (1) Every employer who continuously employs the number of employees defined in § 63 (6) shall be obliged to draw up a report on the remuneration analysis every two years. This report shall provide information on:

1.

the number of women and the number of men in the collective contractual or, where available, operational categories of use;

2.

the number of women and the number of men in the individual use groups, if available, of the use groups to be used;

3.

the average or median remuneration of women and men in the calendar year in the respective collective contractual or, where available, in-company use groups and, where available, use group years

to be included. The remuneration of parttime workers is to be expected to be high on full-time employment and that of the underage employed on annual employment. If there is no applicable collective contractual or operational use group scheme, function groups shall be made in place of groups of uses in accordance with the operational structure of the company.

(2) The report shall be drawn up in an anonymised form. The report must not allow any conclusions to be drawn on individuals.

(3) The report shall be the Central Works Council or, if there is no Central Works Council, the operating committees or, where no operating committee is established, the works councils in the first quarter of the calendar year following the reference year. , The (central) works council or The operating committee may ask for advice on this. In companies that are the Post-Works Constitution Act, BGBl. No 326/1996, these powers shall be conferred on the Central Committee, if there is no such authority, to the Staff Committees, to the extent that such committees do not exist, to the Confidence Spersons Committees. Within the framework of their activities, the institutions of the workforce may provide information to workers on the information relevant to them. If there is no employee body in an establishment or if such a body does not exist for a group of employees, the report shall be in operation in an employee or employee of all the employees or of all the employees of the group. and to draw attention to this in an operational and operational management. § 13 shall apply mutatily.

(4) On the content of the income report, the employee is obliged to secrecy. These include the collection of legal information or legal advice by interest groups and other persons or entities, which in turn are subject to a duty of confidentiality, as well as the initiation of a procedure for the enforcement of Claims under this federal law or proceedings before the Equal Treatment Commission shall not be accepted.

(5) In the event of non-compliance with the obligation of confidentiality in accordance with paragraph 4, the employee, if the act is not subject to a stricter penalty under other laws, shall be liable to a fine of up to 360 euros from the district administrative authority. if the employer (s) has a criminal complaint within six weeks of being informed of the breach and the person of the perpetrator/offender (private prosecutor). The criminal proceedings are § 56 (2) to (4) of the Administrative Criminal Law 1991, BGBl. No 52. The authority may, without further proceedings, depart from the imposition of a penalty if the fault of the employee/employee is minor and the consequences of the breach of the obligation of confidentiality are negligible. However, it may, at the same time, remind the employee of the lack of illegality of the conduct, provided that this is necessary in order to ensure that the worker is subject to further violations of the obligation of confidentiality in accordance with paragraph 5 above. .

(6) The institutions of the employees referred to in paragraph 3 have or, where they do not exist, the employee has the right to be drawn up and forwarded in accordance with the provisions of paragraph 3 of this Article. Information on the income report. The claim is to be brought to court. The three-year period of limitation shall apply in accordance with Section 1486 of the General Civil Code, the period beginning to expire on the expiry of the first quarter of the calendar year following the reference year. "

9. § 12 (11) last sentence reads:

"To the extent that the disadvantage is not only a loss of property, the person concerned shall be entitled to compensation for the compensation of the personal impairment suffered, at a reasonable level, but at least to EUR 1 000."

10. § 19 is added to the following paragraph 4:

"(4) Discrimination also occurs when a person is discriminated against on the basis of their close-up relationship to a person on account of their ethnicity, their religion or belief, their age or sexual orientation."

(11) § 21 is added to the following paragraph 4:

"(4) Discrimination shall also be applied where a person is, on the basis of his/her close relationship, a person who is harassed by reason of their ethnicity, religion or belief, age or sexual orientation."

12. The previous § 23 receives the sales designation "(1)" . The quote "§ § 4 et seq. of the Employment Promotion Act" is due to the quote § § 2 ff of the Labour Market Promotion Act replaced.

Section 23 is added to the following paragraph 2:

" (2) The employer or private employment agent in accordance with § § 2 et seq. of the Employment Promotion Act or a legal person in charge of the employment agency is obliged to apply for the contract in the tender procedure. to indicate the collective contractual or the minimum charge applicable by law or other norms of collective redress, and to indicate the willingness to pay the overpayment if such a service exists. "

14. § 24 with headline reads:

" Penal Provisions

§ 24. (1) Anyone who writes a job in a discriminatory manner as a work placement agent in breach of the provisions of § 23 (1) is at the request of a jobseeker, the lawyer/attorney for equal treatment without Difference in ethnicity, religion or belief, age or sexual orientation in the working world or a regional representative/regional representative of the district administrative authority with a fine of up to 360 To punish the euro.

(2) Anyone who does not receive the information referred to in paragraph 2 as a work placement agent in breach of the provisions of § 23 (2) of the vacancy notice shall, at the request of one of the recruiters/job recruiters, be the lawyer for the Equal treatment without distinction of ethnicity, religion or belief, age or sexual orientation in the world of work or of a regional representative/regional representative in the case of the first infringement of the District managing authority to admonish and in case of further infringements with a fine of up to 360 To punish the euro.

(3) Who, as an employer,

1.

, contrary to the provisions of section 23 (1), imposes a workplace in a discriminatory manner, or

2.

Contrary to the provisions of section 23 (2) of the vacancy notice, the vacancy notice does not include the information contained therein,

is, at the request of a job advertiser, the attorney/lawyer for equal treatment without distinction of ethnicity, religion or belief, age or sexual orientation in the working world or a regional representative/regional representative in the case of the first infringement by the district administration authority and to punish for further infringements with a fine of up to 360 euros.

(4) In one, at the request of the attorney/lawyer for equal treatment without distinction of ethnicity, religion or belief, age or sexual orientation in the working world or one/a The regional representative/regional representative is the lawyer/lawyer for equal treatment or the regional representative (s). The lawyer/lawyer for equal treatment or the regional representative shall have the right to appeal against the defences and opposition to criminal proceedings. "

Article 26 (11) last sentence reads:

"To the extent that the disadvantage is not only a loss of property, the person concerned shall be entitled to compensation for the compensation of the personal impairment suffered, at a reasonable level, but at least to EUR 1 000."

16. The III. Part with headline is:

" III. Part

Equal treatment without distinction of sex or ethnicity in other areas

Section 1

Scope

§ 30. (1) For the characteristic of sex, the provisions of this section shall apply to legal relationships, including their initiation and reasoning, and to the use or assertion of benefits outside a legal relationship with the Access to and supply of goods and services available to the public, including housing, provided that this falls within the immediate regulatory competence of the Federation.

(2) For the purpose of ethnicity, the provisions of this section shall apply to legal relationships, including their initiation and reasoning, and to the use or enforcement of benefits outside of a Legal relationship with regard to access to and supply of goods and services available to the public, including housing, as well as to legal relationships including their initiation and justification and for the Use or assertion of benefits outside a legal relationship

1.

social protection, including social security and health services,

2.

in the case of social benefits,

3.

in education,

provided that this falls within the immediate regulatory competence of the federal government.

(3) The provisions of this section shall not apply to legal relationships, including their initiation and reasoning, or to the use or enforcement of benefits within the meaning of paragraph 1, which are:

1.

in the field of private and family life,

2.

concern the content of media and advertising.

(4) To the extent that the Insurance Contracts Act 1958, BGBl. No. 2/1959, and the Insurance Supervision Act, BGBl. No 569/1978, special arrangements shall apply.

Equal treatment

§ 31. (1) On the basis of gender or ethnicity, no one shall be entitled, directly or indirectly, in the access to and supply of goods and services available to the public, including housing, are discriminated against. Discrimination against women as a result of pregnancy or motherhood are direct discrimination on grounds of sex.

(2) The objective is equality between women and men and the elimination of other forms of discrimination.

(3) In addition, on the basis of ethnicity, no one may be discriminated against, directly or indirectly,

1.

social protection, including social security and health services,

2.

in the case of social benefits,

3.

in education.

(4) (4) (1) and (3) do not affect the rules and conditions governing the entry of third-country nationals or stateless persons or their stay, as well as the treatment of nationals of third States or stateless persons. of third States or stateless persons.

Definitions

§ 32. (1) There is direct discrimination if, on the basis of a reason referred to in § 31, a person experiences less favourable treatment in a comparable situation than another person would have experienced, experienced or would be experienced.

(2) indirect discrimination shall be applied where the appearance of neutral rules, criteria or procedures may be particularly pensive to persons of one sex or of persons belonging to an ethnic group, unless: the relevant provisions, criteria or procedures are objectively justified by a legitimate aim and the means are appropriate and necessary to achieve that objective.

(3) Discrimination shall also be subject to the instruction of a person to discriminate.

(4) Discrimination also occurs when a person is discriminated against on grounds of their close-up to a person on account of their gender or ethnicity.

Derogations

§ 33. The provision of goods or services, including housing, exclusively or predominantly for persons of one sex shall not be discriminated against if this is in accordance with the principle of proportionality, i.e. by means of: a legitimate aim and the means to achieve this objective are appropriate and necessary.

Positive action

§ 34. The measures taken in law, in regulations or in any other way to promote equality, which prevent or compensate for disadvantages caused by a reason referred to in paragraph 31 above, shall not be considered as discrimination in the The meaning of this law.

Harassment and sexual harassment

§ 35. (1) Unsolicable, inappropriate or offensive conduct related to one of the reasons in § 31 or the sexual sphere, and intended or effect;

1.

that the dignity of the person concerned is violated and

2.

a intimidating, hostile, abusive, insulting or humiliating environment is created for the person concerned,

shall be considered as discrimination.

(2) Discrimination is also

1.

in the case of a harassment or sexual harassment statement, or

2.

if the refusal or culpation of a harassment or sexual harassment by the harassed person is made on the basis of a decision in contact with that person.

(3) Discrimination also occurs when a person is harassed or sexually harassed by reason of their close-up to a person on account of their gender or because of their ethnicity.

Offer of non-discriminatory advertising of housing

§ 36. No one shall be allowed to advertise housing in a discriminatory manner or to be advertised by third parties. There is no discrimination if the requirement for the relevant characteristic is justified by a legitimate aim and the means of achieving that aim are appropriate and necessary. In particular, there is no discrimination if the provision of housing creates a special relationship between the parties or their dependants.

Criminal provisions

§ 37. (1) Anyone who advertises living space in a discriminatory manner contrary to the provisions of § 36 shall be at the request of one of the interested parties/interests, the lawyer/lawyer for equal treatment without distinction of sex or ethnic origin To admonish membership in other areas in the first violation by the District Administrative Authority and to punish them for further infringements with a fine of up to 360 euros.

(2) In an administrative criminal proceedings initiated at the request of the lawyer/lawyer for equal treatment without distinction of sex or ethnicity in other fields, the person shall be subject to a breach of § 36. Lawyer/lawyer for equal treatment without distinction of sex or ethnicity in other areas Party. The lawyer/lawyer for equal treatment without distinction of sex or ethnicity in other areas is entitled to appeal against criminal charges and objection to criminal proceedings.

Legal consequences of the violation of the equal treatment offer

§ 38. (1) In the event of a breach of the equal treatment offer of § 31, the person concerned shall be entitled to compensation for the loss of the property and compensation for the personal impairment suffered.

(2) In the event of a harassment or sexual harassment pursuant to § 35, the person concerned shall be entitled to compensation for the damage suffered. To the extent that the disadvantage is not only a loss of property, the person concerned shall be entitled to compensation for compensation for the personal impairment suffered, at a minimum, but at least EUR 1 000, in damages.

(3) In so far as in the event of a dispute the data subject is based on a case of discrimination within the meaning of § § 31 or 35, he/she shall make it credible to him. The defendant shall be obliged to prove, on the basis of § 31, that if all circumstances are weighed down, it is more probable that another motive credibly made by the defendant/defendant was decisive for the difference in treatment or that the defendant was not responsible for the treatment. The reason for the right of justification is in the sense of § 32 (2) or § 33. On appeal to § 35 it is for the defendant to prove that if all circumstances are weighed down, it is more probable that the facts credibly made by the defendant correspond to the truth.

(4) The application of the application or the submission of a request by an institution of the equal treatment attorney for examination of the breach of the equal treatment bid or an official action by the Commission for the examination of the infringement of the An equal treatment offer will result in the inhibition of the time limits for judicial enforcement.

(5) Where there is evidence of the discrimination affected by the discrimination

1.

an examination result of the Commission in individual cases, or

2.

a letter from the management of the Commission stating that the conditions for the examination of a breach of the equal treatment offer do not, or are no longer available,

, the service shall terminate the inhibition of the time limits for judicial enforcement. After notification, the person concerned shall be open at least for a period of three months in order to collect the action. If the original deadline was shorter, the person concerned is only open to the person concerned.

(6) Claims pursuant to para. 1 and 2, which are also based on the grounds of discrimination of the disability, can only be invoked by the Federal Social Office after a conciliation procedure has been carried out by the Federal Social Office. § § 10 and 11 of the Federal Disability Equality Act (BGBl) shall apply to the assertion of these claims. I No 82/2005.

Prohibition of discrimination

§ 39. In response to a complaint or to the initiation of a procedure for the enforcement of the equal treatment bid, the individual must not be penalised. Another person who acts as a witness/witness or information person in proceedings or who supports the complaint may also act in response to such a complaint or the initiation of such a procedure for the enforcement of the The same treatment should not be penalised. § 38 shall apply mutatily.

Support measures

§ 40. The directives on the award of grants by the Federal Government to natural or legal persons shall only provide for funding for natural or legal persons who are responsible for the provisions of the III. Note part.

Section 2

Principles governing the system of equal treatment without distinction of ethnicity in other areas

The following principles shall be established for the regulation of equal treatment without distinction of ethnicity in other areas, insofar as this falls within the basic legislative competence of the Federal Republic of Germany:

Scope

§ 40a. The provisions of this section shall apply to legal relationships, including their initiation and justification, and to the use or assertion of benefits outside a legal relationship

1.

social protection, including social security and health services,

2.

in the case of social benefits,

3.

in education,

4.

in access to and supply of goods and services available to the public, including housing,

insofar as this falls within the basic legislative competence of the federal government.

Equal treatment, definitions, legal consequences

§ 40b. § § 31 to 35 and 38 to 39 are to be applied.

Obligation to establish or designate an independent body

§ 40c. (1) In order to promote, analyse, monitor and support the implementation of the principle of equal treatment of all persons without discrimination on grounds of ethnicity in other areas, national legislation shall be independent of: To create or to name.

(2) Country legislation shall ensure that it is one of the responsibilities of the bodies referred to in paragraph 1

1.

to advise and assist those persons who feel discriminated against within the meaning of paragraph 1,

2.

carry out independent investigations into the subject of discrimination,

3.

to publish independent reports and make recommendations on all issues affecting discrimination. "

17. The IIIa. Part with headline is deleted.

18. (Policy determination) Section 44 is added to the following paragraph 4:

" (4) Discrimination also occurs when a person is a person on the basis of their close-up relationship to a person on the grounds of their gender, their ethnicity, their religion or belief, their age or their sexual orientation. will be discriminated against. "

19. (Policy determination) Section 46 is added to the following paragraph 4:

"(4) Discrimination also occurs when a person is sexually harassed by reason of their close-up to a person on account of their sex."

20. (Policy determination) Section 47 is added to the following paragraph 4:

" (4) Discrimination also occurs when a person is a person on the basis of their close-up relationship to a person on the grounds of their gender, their ethnicity, their religion or belief, their age or sexual orientation. is being harassed. "

21. (Policy determination) In Section 49 (3), the quote shall be: "§ § 4 ff Labour Market Promotion Act" by quoting § § 2 ff of the Labour Market Promotion Act replaced.

22. (Policy determination) Section 49 is added to the following paragraph 4:

" (4) The employer/employer or private employment agent in accordance with § § 2 et seq. of the Employment Promotion Act or a legal person entrusted with the employment agency is obliged to apply for the contract in the tender procedure. to indicate the collective contractual or the minimum charge applicable by law or other norms of collective redress, and to indicate the willingness to pay the overpayment if such a service exists. "

23. (Policy determination) Section 51 (8) last sentence reads:

"To the extent that the disadvantage is not only a loss of property, the person concerned shall be entitled to compensation for the compensation of the personal impairment suffered, at a reasonable level, but at least to EUR 1 000."

24. In § 58, the quote "§ § 4 ff Labour Market Promotion Act" by quoting § § 2 ff of the Labour Market Promotion Act replaced.

25. The heading to § 63 reads:

"Entry into force"

26. § 63 shall be added to the following paragraphs 5 and 6:

" (5) The table of contents, § 5 (4), § 6 (4), § 7 (4), § 9, § 10 (1), (3) (1) and (4), § 11a, § 12 (11), last sentence, § 19 (4), § 21 (4), § 23, § 24 (1), (3) (1) and (4), § 26 (11), last sentence, of the III. Part and section 44 (4), § 46 (4), § 47 (4), § 49 (3) and (4), § 51 (8), last sentence, § 58, the title of § 63 and § 64, in the version of the Federal Law BGBl. I No 7/2011 will enter into force on 1 March 2011. § 10 (2) and (3) (2) and (2) and (3) (2) and (3) (2) shall enter into force. Jänner 2012 in force. The IIIa. Part shall expire on the expiry of 28 February 2011. The laws of execution of § 44 (4), § 46 (4), § 47 (4), § 49 (3) and (4), § 51 (8), last sentence and § 58 shall be issued within six months of the day following the event of the customer's proclamation.

(6) The obligation to draw up an income report according to § 11a in the version of the Federal Law BGBl (Bundesgesetz BGBl) occurs for employers who are constantly employing more than 1 000 employees. I No 7/2011 in force on 1 March 2011; the report is to be drawn up for 2010. The report for the reference year 2010 shall be submitted by 31 July 2011 at the latest in the manner regulated in Article 11a (3), respectively. . For employers who employ less than 1 001, but more than 500 employees, the obligation to produce an income report according to § 11a in the version of the Federal Law BGBl (Federal Law Gazette) occurs. I n ° 7/2011 with 1. January 2012 in force; the report is to be produced for the year 2011. The obligation to draw up an income report according to § 11a in the version of the Federal Law BGBl (Bundesgesetz BGBl) occurs for employers who are permanently employing less than 501, but more than 250 employees. I n ° 7/2011 with 1. January 2013 in force; the report is to be produced for the year 2012. The obligation to draw up an income report according to § 11a in the version of the Federal Law BGBl (Bundesgesetz BGBl) occurs for employers who are permanently employed less than 251 but more than 150 employees. I n ° 7/2011 with 1. January 2014 in force; the report is to be produced for the year 2013. "

27. In § 64, the word order shall be "Federal Minister for Economic Affairs and Labour" by "Federal Ministers for Labour, Social Affairs and Consumer Protection" replaced.

Article 2

Amendment of the Federal Act on the Equal Treatment Commission and the Equal Treatment Prosecution

Federal Law on the Equal Treatment Commission and the Equal Treatment Prosecution, BGBl. No. 108/1979, as last amended by the Federal Law BGBl. I n ° 98/2008 and the Federal Ministries of Finance 2009, BGBl. I n ° 3/2009, shall be amended as follows:

1. § 1 para. 2 Z 3 reads:

" 3.

Senate III for equal treatment without distinction of sex or ethnicity in other areas (Part III, 1). Section GlBG). "

2. § 3 para. 2 Z 3 reads:

" 3.

The lawyer/attorney for equal treatment without distinction of sex or ethnicity in other areas (Part III, 1. Section GlBG); "

3. In accordance with Section 3 (5), the following paragraph 5a is inserted:

" (5a) The Federal Chancellor is entitled to inform himself of all matters relating to the management of the Office of the Prosecutor for Equal Treatment. The Office for Equal Treatment shall be obliged to provide the information requested by the Federal Chancellor. "

4. In § 3 (8) (4), the point at the end of the paragraph shall be replaced by an accoration. The following Z 5 is added:

" 5.

with a 36-month karenzing. "

5. § 4 (1) last sentence reads:

"In the exercise of this activity, it shall be free of instructions, independent and independent."

6. According to Article 4 (2), the following paragraph 2a is inserted:

" (2a) In accordance with § 3 Z 2 of the GlBG, the lawyer shall be able to provide information on the social security contribution base as well as on the social insurance legal basis for the non-compliance with the equal treatment offer. Basis of contribution according to the company employee and self-employment pension law-BMSVG, BGBl. I n ° 100/2002, by persons whose income is strictly necessary in order to decide on the suspected breach of the equal treatment offer. The lawyer shall announce his name, date of birth and insurance number of the persons concerned, as well as the names of the employers of the persons concerned. The eligible social security institutions shall be required to provide the attorney with the information necessary for the performance of their duties. The eligible institutions of the social security system shall not be liable for any disadvantages arising from the fulfilment of their obligations to provide information as a result of the incompleteness or inaccuracies of the data contained in their installations. The lawyer is obliged to keep secrecy about this data, which has become known in the context of the exchange of information. As an exception to this, the lawyer may disclose to the person concerned, in anonymized form, data which has become known to her in the course of the exchange of information to the person concerned by the alleged discrimination if that is the case for the prosecution of discrimination. is absolutely necessary. "

7. § 5 (1) last sentence reads:

"In the exercise of this activity, Er/she shall be free of instructions, independent and independent."

8. According to Article 5 (2), the following paragraph 2a is inserted:

" (2a) The lawyer/lawyer shall be subject to non-compliance with the equal treatment offer in accordance with Section 17 (1) (2) of the GlBG, he/she shall be entitled to receive information on the social insurance legal basis for the contribution of the Social Insurance Fund. as well as on the basis of contribution under the BMSVG, from persons whose income is strictly necessary for the decision on the suspected violation of the equal treatment offer. The lawyer shall announce his name, date of birth and insurance number of the persons concerned, as well as the names of the employers of the persons concerned. The eligible social security institutions are obliged to provide this information to the attorney/attorney. The eligible institutions of the social security system shall not be liable for any disadvantages arising from the fulfilment of their obligations to provide information as a result of the incompleteness or inaccuracies of the data contained in their installations. The attorney/lawyer is obliged to keep secrecy about this data, which has become known to him/her in the context of the exchange of information. As an exception to this, the attorney/lawyer may disclose to him/her data in an anonymized form to him/her in an anonymized form to the person affected by the alleged discrimination, if this is necessary for the prosecution of the Discrimination is absolutely necessary. "

9. The heading to § 6 reads:

"Lawyer/lawyer for equal treatment without distinction of sex or ethnicity in other areas"

Section 6 (1) reads as follows:

" (1) The lawyer/lawyer for equal treatment without distinction of sex or ethnicity in other fields shall be responsible for providing advice and assistance to persons who are referred to in Part III 1. Section GlBG, discriminated against. He/she shall be free of instructions, independent and independent in the exercise of this activity. "

11. In § 9 and § 13 (4), the term "Federal Minister for Health and Women" by the term "Federal Chancellery" and the term "Federal Ministry of Health and Women" by the term "Federal Chancellery" replaced.

The first sentence of Article 10 (1a) reads as follows:

" The chairman and her/her/her/her In the exercise of its duties, the alternate members of the Commission shall be free, independent and independent in the exercise of their duties. "

13. According to Article 10 (1b), the following paragraph 1c is inserted:

" (1c) The Federal Chancellor is entitled to inform himself of all matters of the management of the Commission. The Commission is obliged to provide the information requested by the Federal Chancellors. He/she shall appoint a member (substitute member) of the Commission if:

1.

for health reasons, the tasks associated with his/her function can no longer be fulfilled, or

2.

the duties associated with his/her function are grossly violated or permanently neglected. "

14. In accordance with § 10 (2), the following paragraph 2a is inserted:

" (2a) In accordance with § 3 (2) (2) or § 17 (1) (2) of the GlBG, the Senate is able to provide information on the social security contribution base and the social security contributions for the benefit of the social security institution concerned. on the basis of the contribution basis in accordance with the BMSVG, from persons whose income is strictly necessary for the decision on the suspected violation of the equal treatment offer. The senate has to announce its name, date of birth and insurance number of the persons concerned and the names of the employers of the persons concerned. The eligible social security institutions are obliged to provide this information to the senate. The eligible institutions of the social security system shall not be liable for any disadvantages arising from the fulfilment of their obligations to provide information as a result of the incompleteness or inaccuracies of the data contained in their installations. The members (substitute members) of the Senate are obliged to maintain secrecy about this data, which has become known in the context of the exchange of information. "

15. In § 12 (1), (2) and (3), the following shall be deleted " 1. Section " the hyphen and the subsequent phrase " or the IIIa. Part " .

16. § 13 (1) reads:

" (1) On the basis of a communication from a person entitled to equal treatment in accordance with § 12 (1), the lawyer for equal treatment of women and men in the working world or the lawyer/lawyer for equal treatment according to § 5 or § 6, in which: the alleged circumstances are to be made credible, the presumption of non-compliance with the equal treatment offer,

1.

in cases of equal treatment in relation to an employment relationship of the employer or in cases relating to any other discrimination in the working world of the presumed person responsible for the alleged discrimination,

2.

in cases in the sense of of the III. Part 1. Section GlBG the person responsible for the suspected discrimination,

submit a written report to the Commission on request. Where such a report is requested by the employer, he/she shall, in respect of the areas of operation affected by the presumption, include a number breakdown in respect of the suspected non-compliance with the equal treatment offer Comparison of employment conditions, training and further education, promotion opportunities and the duration of employment and the nature of the termination of employment relationships between women and men, or in relation to another discriminating feature. Where necessary, the report shall also provide information on the relationship between training and further education and career development opportunities. If such a report is made in the case of discrimination in accordance with Part III 1. Section GlBG of the person presumed to be responsible for this, he/she has to present all the circumstances of the case in a comprehensive and detailed way from his/her point of view. "

17. § 14 (4) reads:

" (4) The senate's meetings are not public. At the request of the person affected by a discrimination within the meaning of the GlBG, the person against which the application or the application of the application, or the request shall be made, or the person concerned shall be responsible for the consultation of the person concerned. These persons shall be informed of this right to apply. If the subject-matter of the proceedings forms an alleged (sexual) harassment, then the interviews of the person affected by the harassment and the person against which the application and/or the person concerned are subject to the application, have the right to the desire to be separate, provided that they do not agree to a joint survey requested by one of the two sides. "

18. In accordance with § 14 (4), the following paragraph 4a is inserted:

" (4a) The Chairman may also consult other experts with a consultative vote in the meetings of the Senate. The request of more than one third of the members, the lawyer for equal treatment of women and men in the working world, the lawyer/lawyer for equal treatment in accordance with § 5 or § 6 and the regional lawyers, or Regional representatives according to § 7 after the confiscation of certain experts has to correspond to the chairperson. "

19. § 16 together with the title is:

" Application of the AVG

§ 16. § § 6 (1), 7, 13, 14 to 16 as well as 17 to 22, 32 and 33 as well as-in accordance with § § 12 (12), 26 (12) and (38) (3) of the Equal Treatment Act-§ § 45 and 46 AVG, BGBl are the proceedings before the Senates of the Equal Treatment Commission. No 51/1991. To the extent that they are subject to sovereign powers, they shall not be required to do so by the Equal Treatment Commission. The provisions of Sections 39a, 52 (2) to (4), 53 and 53b AVG apply for the recovery of interpreters and translators, whereby the costs are to be borne by officals. "

The following paragraph 11 shall be added to Article 21:

" (11) § 1 paragraph 2 Z 3, § 3 sec. 2 Z 3, paragraph 5a and paragraph 8 Z 4 and 5, § 4 paragraph 1 last sentence and paragraph 2a, § 5 paragraph 1 last sentence and paragraph 2a, § 6 para. 1 as well as the headline to § 6, § 9, § 10 para. 1a first sentence, para. 1c and para. 2a, § 12 para. 1, 2 and 3, § 13 (1) and (4), § 14 (4) and (4a), § 16, § 22 and § 24 in the version of the Federal Law BGBl. I No 7/2011 will enter into force on 1 March 2011. § 14 (4) and § 16 in the version of the Federal Law BGBl. I n ° 7/2011 shall apply to proceedings before the Equal Treatment Commission in respect of which the application or the request shall be made after 28 February 2011. For proceedings before the Equal Treatment Commission, in respect of which the application or the request shall be made before 1 March 2011, or , and which have not yet been dealt with in any Senate meeting, § 14 (4) and § 16 shall apply in the version of the Federal Law BGBl (Federal Law Gazette). I n ° 7/2011, if this is either the person concerned by a discrimination within the meaning of the GlBG or the person against which the application or the application of the application, or the request is requested, requested and the person in each case agrees to the person concerned. "

21. In § 22, the phrase "Federal Minister for Economic Affairs and Labour" by "Federal Ministers for Labour, Social Affairs and Consumer Protection" replaced.

22. In § 24, the phrase "Federal Minister for Economic Affairs and Labour" by "Federal Ministers for Labour, Social Affairs and Consumer Protection" replaced.

Article 3

Amendment of the Disabled Persons Act

The disability employment law, BGBl. N ° 22/1970, as last amended by the Federal Law BGBl. I n ° 58/2010, is amended as follows:

Section 7b (5) reads as follows:

"(5) Discrimination shall also be applied where a person is discriminated against on grounds of their close-up to a person on account of their disability."

2. In § 7i (1) the expression "but at least 720 €" by the expression "but at least 1 000 €" replaced.

Section 25 is added to the following paragraph 14:

" (14) § 7b (5) and Section 7i (1) in the version of the Federal Law BGBl. I n ° 7/2011 will enter into force on 1 March 2011. "

Article 4

Amendment of the Federal Disability Equality Act

The Federal Disability Equality Act, BGBl. I n ° 82/2005, as last amended by the Federal Law BGBl. I No 67/2007, is hereby amended as follows:

1. § 4 (2) reads:

"(2) Discrimination shall also be applied where a person is discriminated against on grounds of their close-up to a person on account of their disability."

2. § 4 (3) and (4).

3. In § 9 (2), the expression "but at least 720 €" by the expression "but at least 1 000 €" replaced.

4. § 19 the following paragraph 1b is added:

" (1b) § 4 and § 9 (2) in the version of the Federal Law BGBl. I n ° 7/2011 will enter into force on 1 March 2011. "

Fischer

Faymann