98. Federal Act to amend the Equal Treatment Act and the Federal Act on the Equal Treatment Commission and the Equal Treatment Prosecution

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 No 82/2005, 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

§ 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 ethnic origin in other areas (anti-racism)

Section 1

§ 30. Scope

§ 31. Equal treatment

§ 32. Definitions

§ 33. Positive action

§ 34. Molestation

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

§ 36. Prohibition of discrimination

§ 37. Support measures

Section 2

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

§ 38. Scope

§ 39. Equal treatment, definitions, legal consequences

§ 40. Obligation to establish or designate an independent body

IIIa. Part

Equal treatment of women and men in access to and supply of goods and services

§ 40a. Scope

§ 40b. Equal treatment

§ 40c. Definitions

§ 40d. Exception determination

§ 40e. Positive action

§ 40f. Harassment and sexual harassment

§ 40g. Legal consequences of the violation of the equal treatment offer

§ 40h. Prohibition of discrimination

§ 40i. Support measures

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. § 6 para. 2 reads:

" (2) Sexual harassment occurs when a conduct belonging to the sexual sphere is set which impairs or complicates the dignity of a person, is undesirable, inappropriate or offensive to the person concerned, and

1.		creates an intimidating, hostile or humiliating working environment for the data subject or aims to do so, or
2.		the fact that the data subject rejects or condones a conduct belonging to the sexual sphere on the part of the employer/employer or of superiors or colleagues, express or implied, on the basis of a This decision will have an impact on this person's access to vocational training, employment, continued employment, promotion or remuneration or on the basis of another decision in the working world. "

3. § 7 (2) reads:

" (2) Gender-related harassment shall be the case where a gender-related conduct is set which impairs or complicates the dignity of a person, is undesirable for the person concerned, and

1.		creates an intimidating, hostile or humiliating working environment for the data subject or aims to do so, or
2.		the fact that the person concerned rejects or condones a gender-related behaviour on the part of the employer/employer or supervisor or collegiate, express or implied, on the basis of a decision with effect on this person's access to vocational training, employment, continued employment, promotion and remuneration, or the basis of another decision in the working world. "

4. § 8 together with headline reads:

" Positive action

§ 8. The measures taken by the employer/employer in law, in regulations, in collective redress instruments or in general, of the employer/employer in order to promote equality between women and women and men, in particular by eliminating existing inequalities within the meaning of Article 7 (2) B-VG, do not constitute discrimination within the meaning of this Act. This also applies to measures to promote equality between women and men in the areas referred to in Article 4. The Federal Government may grant support for special expenses incurred by employers in the implementation of such measures. "

5. § 12 (1) Z 1 reads:

" 1.		at least two monthly charges if the job advertiser had been awarded the job in the event of non-discrimination, or "

6. § 12 (7) reads:

" (7) If the employment relationship has been terminated or prematurely terminated by the employer on account of the sex of the worker/employee or because of the non-evidently unauthorised assertion of claims under this law or if the trial employment relationship has been dissolved due to such a reason (§ 3 Z 7), the termination, dismissal or dissolution of the trial employment relationship may be challenged in court. Is a fixed-term employment relationship based on the conversion into an indefinite employment relationship on account of the sex of the worker (s) in or on account of the non-evidently unjustified assertion of claims under this law has been terminated by the expiry of the period, it may be said that the existence of the employment relationship has been indefinite. If the employee is subject to termination, he/she shall be entitled to compensation for the loss of property and to compensation for the personal impairment suffered. "

7. In Section 12 (8), the expression "vocational guidance, training and retraining measures" by the expression "vocational guidance, vocational training, training and retraining measures" replaced.

8. § 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 least to EUR 720, in damages."

9. In accordance with Article 12 (12), the following paragraph 13 is added:

"(13) If multiple discrimination is present, it shall be taken into consideration in the assessment of the amount of compensation for the personal impairment suffered."

10. § 13 Last sentence reads:

"§ 12 shall apply mutatily."

11. § 15 (1) reads:

" (1) Claims in accordance with § 12 (1) and (5) shall be brought to court within six months. The time limit for the assertion of the claims in accordance with § 12 (1) and (5) shall begin with the rejection of the application or promotion. Claims under Section 12 (11) shall be subject to court proceedings within one year. For claims pursuant to § 12 (2), (3), (4), (6), (8), (9) and (10), the three-year period of limitation shall apply in accordance with § 1486 of the General Civil Code. "

12. According to Article 15 (1), the following paragraph 1a is inserted:

" (1a) A termination, dismissal or dissolution of the trial employment relationship in accordance with Section 12 (7) shall be required within 14 days from the date of its access to the court; a statement of arrest pursuant to Section 12 (7) second sentence shall be made within 14 days from the end of the To contribute to the employment relationship through time-lapse in court. The last sentence of Article 12 (7) shall be subject to judicial proceedings within 6 months from the date of access to the dismissal, dismissal or termination of the trial employment relationship or termination of the employment relationship by means of time-lapse. "

13. § 17 (2) reads:

' (2) (1) does not affect the rules and conditions governing the entry of third-country nationals or stateless persons or their residence, as well as a treatment arising from the legal status of third-country nationals states or stateless persons. "

14. § 21 (2) reads:

" (2) harassment shall be the case if an undesirable behaviour which is related to one of the reasons in accordance with § 17 is placed,

1.		which violates or aims at the dignity of the person concerned,
2.		which is undesirable, inappropriate or offensive to the person concerned, and
3.		which creates or aims to create an intimidating, hostile, abusive, insulting or humiliating environment for the person concerned. "

15. In § 22 the following sentence is added:

"This also applies to measures to promote equality in professional life in the areas mentioned in § 18."

16. § 26 (1) (1) (1) reads:

" 1.		at least two monthly charges if the job advertiser had been awarded the job in the event of non-discrimination, or "

17. § 26 (7) reads:

" (7) If the employment relationship has been terminated or terminated prematurely by the employer on the grounds of a reason referred to in § 17 or on account of the non-evidently unauthorised assertion of claims under this law, or is the In the case of a trial contract for such a reason (Section 17 (1) (7)), the dismissal, dismissal or dissolution of the trial employment relationship may be appealed to the Court of First Instance. If a fixed-term employment relationship is applied to the conversion into an indefinite employment relationship on account of a reason referred to in § 17 or because of the non-evidently unauthorised assertion of claims under this Act, In the event of an expiry of the period of time, the indefinite existence of the employment relationship may be determined. If the employee is subject to termination, he/she shall be entitled to compensation for the loss of property and to compensation for the personal impairment suffered. "

18. In § 26 (8), the expression "vocational guidance, training and retraining measures" by the expression "vocational guidance, vocational training, training and retraining measures" replaced.

19. § 26 para. 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 least to EUR 720, in damages."

20. In accordance with Article 26 (12), the following paragraph 13 is added:

"(13) If multiple discrimination is present, it shall be taken into consideration in the assessment of the amount of compensation for the personal impairment suffered."

21. § 27 Last sentence reads:

"§ 26 shall apply mutatily."

22. § 29 (1) reads:

" (1) Claims in accordance with § 26 (1) and (5) shall be brought to court within six months. The time limit for the assertion of the claims in accordance with § 26 (1) and (5) shall begin with the rejection of the application or promotion. Claims pursuant to section 26 (11) shall be brought to court within one year. For claims pursuant to § 26 (2), (3), (4), (6), (8), (9) and (10), the three-year limitation period shall apply in accordance with § 1486 of the General Civil Code. "

23. According to Article 29 (1), the following paragraph 1a is inserted:

" (1a) A termination, dismissal or dissolution of the trial employment relationship in accordance with Section 26 (7) shall be required within 14 days from the date of its access to the court; a statement of arrest pursuant to Section 26 (7) second sentence shall be made within 14 days from the end of the To contribute to the employment relationship through time-lapse in court. The last sentence of Article 26 (7) shall be subject to legal proceedings within 6 months from the date on which the termination, dismissal or termination of the trial employment relationship or termination of the employment relationship shall be brought to an end by the court. "

Section 31 (2) reads as follows:

' (2) (1) does not affect the rules and conditions governing the entry of third-country nationals or stateless persons or their residence, as well as a treatment arising from the legal status of third-country nationals states or stateless persons. "

25. § 35 para. 2 second 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 least to EUR 720, in damages."

26. In accordance with Article 35 (4), the following paragraphs 5 and 6 are added:

' (5) The application of the application or the submission of a request by an institution of the equal treatment prosecution to examine the infringement of the equal treatment provision or to carry out an official action by the Commission in order to examine the infringement of the An equal treatment offer will result in the inhibition of the time limits for judicial enforcement.

(6) 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 shall be open only to the person concerned. "

27. § 36 together with the title is:

" Prohibition of discrimination

§ 36. 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. § 35 shall apply mutatily. "

28. After the III. The following IIIa is part. Part with headline inserted:

" IIIa. Part

Equal treatment of women and men in access to and supply of goods and services

Scope

§ 40a. (1) The provisions of this Part shall apply to legal relationships, including their initiation or justification, and to the use or assertion of benefits outside a legal relationship in the access to and supply of Goods and services that are available to the public.

(2) 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.

(3) The exclusion of legal relationships or the use or assertion of benefits within the meaning of paragraph 1 shall be taken into account.

1.		fall into the regulatory competence of the countries,
2.		fall within the scope of the I. part,
3.		in the field of private and family life,
4.		concern the content of media and advertising,
5.		in the field of public or private education.

Equal treatment

§ 40b. On the grounds of sex, no one shall be discriminated against, directly or indirectly, in the access to and supply of goods and services available to the public. Discrimination against women as a result of pregnancy or motherhood are directly discriminatory on grounds of sex.

Definitions

§ 40c. (1) There is direct discrimination if, on the basis of their sex, a person experiences less favourable treatment than another person in a comparable situation, he or she would have experienced or would be experienced.

(2) indirect discrimination shall be the case if, according to neutral rules, criteria or procedures, persons of one sex may in particular be able to discriminate against persons of the other sex, unless the person who has received such discrimination is subject to the rules, criteria or procedures in question 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.

Exception determination

§ 40d. The provision of goods or services exclusively or primarily for one sex shall not discriminate if this is justified by a legitimate aim and the means to achieve this objective are appropriate and are required.

Positive action

§ 40e. The measures taken in law, in regulations or in any other way to promote equality, which prevent or compensate for disadvantages caused by sex, shall not be regarded as discrimination within the meaning of this Directive. Law.

Harassment and sexual harassment

§ 40f. (1) Unsolicable, inappropriate or offensive behaviour related to the sex of a person or belonging to the sexual sphere, and for the purpose or effect of such conduct,

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.

Legal consequences of the violation of the equal treatment offer

§ 40g. (1) In the event of a breach of Section 40b of the Equal Treatment bid, 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 according to § 40f, the person concerned shall be entitled to compensation for the loss 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, but at least to EUR 720 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 § § 40b or 40f, he/she has to make this credible. The defendant shall be obliged to prove, on the basis of § 40b, that if all circumstances are weighed, 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 of the defendant in the event of a claim. The reason for the right of justification as defined in Section 40c (1) or (2). In the case of appeal to § 40f, the defendant must prove that, if all circumstances are weighed down, it is more probable that the facts credibly made by the defendant/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 brought before the Federal Office for Social Affairs and Disabled Persons after a conciliation procedure has been carried out by the Federal Office for Social Affairs and the Disabled. . For the assertion of these claims, § § 10 and 11 of the Federal Disability Equality Network (BGBl) apply. I No 82/2005.

Prohibition of discrimination

§ 40h. 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. § 40g shall apply mutatily.

Support measures

§ 40i. The directives on the award of grants by the Confederation to natural or legal persons shall only provide for funding for natural or legal persons who are subject to the provisions of the IIIa. Pay attention. "

29. (Policy determination) Section 46 (2) reads as follows:

" (2) Sexual harassment occurs when a conduct belonging to the sexual sphere is set which impairs or complicates the dignity of a person, is undesirable, inappropriate or offensive to the person concerned, and

1.		creates an intimidating, hostile or humiliating working environment for the data subject or aims to do so, or
2.		the fact that the data subject rejects or condones a conduct belonging to the sexual sphere on the part of the employer/employer or supervisor, expressly or implicitly, on the basis of a This decision will have an impact on this person's access to vocational training, employment, continued employment, promotion or remuneration or on the basis of another decision in the working world. "

30. (Policy determination) § 47 (2).

" (2) harassment shall be the case if a gender-related or one of the reasons referred to in § 43 (2) is set in relation to a person's dignity or is likely to be affected by the dignity of a person, or if he is not wanted for the person concerned. and

1.		creates an intimidating, hostile or humiliating working environment for the data subject or aims to do so, or
2.		the fact that the person concerned rejects or tolerates such behaviour on the part of the employer/employer or supervisor, expressly or implicitly on the basis of a decision with: The impact on this person's access to vocational training, employment, continued employment, promotion and remuneration, or on the basis of a different decision in the world of work, is made. "

31. (Policy determination) Section 51 (1) Z 1 reads as follows:

" 1.		at least two monthly charges if the job advertiser had been awarded the job in the event of non-discrimination, or "

32. (Policy determination) § 51 Abs 7 reads:

" (7) If the employment relationship is vom/from the employer due to the sex of the worker/employee or because of a reason referred to in § 43 (2) or because of the non-evidently unauthorised assertion of claims under this If the law has been terminated or terminated prematurely, or if the trial employment relationship has been dissolved due to such a reason (Section 43 (1) Z 7 or § 43 (2) (7)), the termination, dismissal or dissolution of the trial employment relationship may be Court of First instance. Is a fixed-term employment relationship based on the conversion into an indefinite employment relationship on account of the sex of the worker/employee or because of a reason referred to in § 43 (2) or because of the reason not apparently unjustifiable assertion of claims under this law has been terminated by the time lapse, so can be consented to the determination of the indefinite existence of the employment relationship. If the employee is subject to termination, he/she shall be entitled to compensation for the loss of property and to compensation for the personal impairment suffered. "

33. (Policy determination) Section 51 (8) second sentence reads as follows:

"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 least to EUR 720, in damages."

34. (Policy determination) In accordance with Article 51 (9), the following paragraph 10 is added:

"(10) If multiple discrimination is present, it shall be taken into consideration in the assessment of the amount of the compensation for the personal impairment suffered."

35. (Policy determination) § 52 last sentence reads:

"§ 51 shall apply mutatily."

36. In accordance with § 63 (3), the following paragraph 4 is added:

" (4) § 6 para. 2, 7 para. 2, 8, 12 para. 1 Z 1, 7, 8, 11 and 13, 13 last sentence, 15 para. 1 and 1a, 17 para. 2, 21 para. 2, 22, 26 para. 1 Z 1, 7, 8, 11 and 13, 27, 29 para. 1 and 1a, 31 para. 2, 35 para. 2, 5 and 6, 36, of the IIIa. Part as well as sections 46 (2), 47 (2), 51 (1) (1), (1), (7), (8) and (10) and § 52, last sentence, as amended by the Federal Law BGBl. I n ° 98/2008 will enter into force on 1 August 2008. § § 46 (2), 47 (2), 51 (1) (1), (1), (7), (8) and (10) and (52) of the last sentence must be adopted within six months from the date of the customer ' s presentation. "

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 ° 2/2008, shall be amended as follows:

1. In § 1 (1) and § 3 (1), the expression shall be: "Federal Ministry of Health and Women" by the expression "Federal Chancellery" replaced.

2. In § 1 para. 2 Z 3, after the word order " Senat III for equal treatment without distinction of ethnicity in other areas (Part III, 1. Section GlBG) " the phrase "and for the equal treatment of women and men in access to and supply of goods and services (Part IIIa GlBG)" .

3. § § 2 (2) (6) and (7), (7), (9), (7) (1), (1), (22) and (24) respectively shall be "Federal Minister for Health and Women" by the expression "Federal Chancellery" replaced.

4. § 2 (4) reads:

" (4) To be members of the Senate III as other members:

1.		two members who shall be sent by the Austrian Chamber of Commerce,
2.		two members, who are sent by the Federal Chamber of Workers and Employees,
3.		a member of the Federal Chancellor is ordered,
4.		a member appointed by the Federal Minister for Health, Family and Youth,
5.		a member appointed by the Federal Minister for Home Affairs,
6.		a member appointed by the Federal Minister for Justice,
7.		a member appointed by the Federal Minister for Social Affairs and Consumer Protection,
8.		a member appointed by the Federal Minister for Economic Affairs and Labour,
9.		a member appointed by the Federal Minister for Science and Research,
10.		a member who is appointed by the Federal Minister for Education, Arts and Culture. "

5. § 2 (5) deleted.

6. § 2 (6) reads:

" (6) The Presidency has in each case one member of the Federal Chancellery to be responsible for the Federal Government's staff. One of the other members, the staff member of the Federal Government, is to be entrusted by the Federal Chancellor with the Vice-President's Deputy. Before the appointment of the chairpersons of the Senate and their deputists, the respective representative of the interest groups entitled to the right of withdrawal shall be heard. "

7. § 3 para. 2 Z 3 reads:

" 3.		The lawyer/attorney for equal treatment without distinction of ethnicity in other areas (Part III, 1. Section GlBG) and for equal treatment of women and men in access to goods and services (Part IIIa GlBG); "

8. § 3 (6) reads:

" (6) The lawyer for the equal treatment of women and men in the working world, the lawyer/lawyer for equal treatment without distinction of ethnicity, religion or belief, age or sexual orientation Orientation in the working world and the lawyer/lawyer for equal treatment without distinction of ethnicity in other areas and for the equal treatment of women and men in access to goods and services, and Their deputits shall be appointed after hearing the Representatives of the Federal Chancellery shall be entitled to appoint a representative from the Federal Chancellery. The Federal Chancellor has to entrust the Federal Government with these functions. "

9. In Section 3 (9), the phrase "Lawyer/lawyer for equal treatment without distinction of ethnicity in other areas" through the phrase "Lawyer/lawyer for equal treatment without distinction of ethnicity in other areas and for equal treatment of women and men in access to goods and services" replaced.

Section 4 (2) reads as follows:

" (2) The lawyer may, if necessary, ask the employer or the other person responsible to submit a written statement on the basis of an alleged violation of the equal treatment offer. It may also obtain further information from/from the employer, the works council or the employees of the company concerned or from the other person responsible. They shall be obliged to provide the attorney with the information necessary for the performance of their duties. "

11. The heading to § 6 reads:

"Lawyer/lawyer for equal treatment without distinction of ethnicity in other areas and for equal treatment of women and men in access to goods and services"

Article 6 (1) reads as follows:

" (1) The lawyer/lawyer for equal treatment without distinction of ethnicity in other areas and for equal treatment of women and men in access to goods and services shall be responsible for the consultation and Support for persons referred to in Part III, 1. Section, or part IIIa GlBG discriminated. He/she is self-employed and independent in the exercise of this activity. "

13. § 11 (3) reads:

" (3) The opinion of the Senate is to be made available within three months of the decision and made available in full, but in anonymized form on the website of the Federal Chancellery, free of charge, provided that no conclusions can be drawn Individual cases can be drawn. "

14. In § 12 (1) the expression " the III. Part, 1. Section, GlBG " by the expression " the III. Part, 1. Section, or IIIa. Part GlBG " ; in Section 12 (2) and in Section 13 (1) (2), the expression shall be replaced by the following " the III. Part, 1. Section GlBG " by the expression " the III. Part, 1. Section, or IIIa. Part GlBG " replaced and in section 13 (1) last sentence, the expression " Part III, 1. Section GlBG " by the expression " Part III, 1. Section, or part IIIa GlBG " replaced.

15. § 12 (3) reads:

" (3) If the Senate considers that there has been a breach of the equal treatment offer, he/she shall have the employer/s/in or in cases relating to any other discrimination in the working world/of the discrimination The person responsible or the person responsible for discrimination within the meaning of the III. Part, 1. Section, or IIIa. To submit a proposal to the GlBG responsible for equal treatment in writing and to invite him/her to end the discrimination. A period of two months shall be set for the implementation of the proposal. "

16. In Section 12 (6), the expression "Homepage of the Federal Ministry for Health and Women" by the expression "Website of the Federal Chancellery" replaced.

17. In accordance with Article 12 (6), the following paragraph 7 is added:

" (7) Individual examination results of the Senate are to be completed and delivered within three months of the decision-making and, in an anonymized form, to be published in full on the website of the Federal Chancellery for free, provided that: no conclusions can be drawn on individual cases. "

18. According to Article 21 (9), the following paragraph 10 is added:

" (10) § 1 para. 1 and 2, 2 para. 2, 4, 6 and 7, § 3 para. 1 and 2, 6 and 9, § 4 para. 2, § 6, § 7 para. 1, § 11 para. 3, § 12 para. 1 to 3, 6 and 7, § 13 para. 1, as well as § § 22 and 24 in the version of the Federal Law BGBl. I n ° 98/2008 will enter into force on 1 August 2008. Section 2 (5) in the version of the Federal Law BGBl. I n ° 98/2008 will expire at the end of 31 July 2008. This is due to the amendment of § 2 para. 4 in the version of the Federal Law BGBl. I n ° 98/2008, for the first time, the members of the Senate III are 1. Until that date, Senate III shall carry out its activities in the composition of the Senate on 1 July 2008. "

Fischer

Gusenbauer