82. Federal Act, by which a federal law on the equality of persons with disabilities (Bundes-Disabled Equality Act-BGStG) is enacted and the disability employment law, the federal disability act, the Federal Social Security Act, the Equal Treatment Act, the Federal Act on the Equal Treatment Commission and the Equal Treatment Attorney and the Federal Equal Treatment Act are amended

The National Council has decided:

table of contents

Article 1	Federal Law on the Equality of Persons with Disabilities (Bundes-Disabled Equal Opportunities Act-BGStG)
Article 2	Amendment of the Disabled Persons Act
Article 3	Amendment of the Federal Disabled
Article 4	Amendment of the Federal Social Insurance Act
Article 5	Amendment of the Equal Treatment Act
Article 6	Amendment of the Federal Act on the Equal Treatment Commission and the Equal Treatment Prosecution
Article 7	Amendment of the Federal Equal Treatment Act

Article 1

Federal Law on the Equality of Persons with Disabilities (Bundes-Disabled Equal Opportunities Act-BGStG)

Section 1

Protection against discrimination

Legislative objective

§ 1. The aim of this federal law is to eliminate or prevent discrimination against persons with disabilities and thus to ensure the equal participation of persons with disabilities in the life of society and to prevent them from being self-determined life-management.

Scope

§ 2. (1) The provisions of this Federal Act shall apply to the administration of the Federal Government, including its activities as a carrier of private rights.

(2) The provisions of this Federal Act shall also apply to legal relationships, including their initiation and justification, as well as to the use or assertion of benefits outside a legal relationship, insofar as it is in each case around the Access to and supply of goods and services that are available to the public and the immediate regulatory competence of the Confederation.

(3) The exclusion from the scope of this Federal Act is the one in § 7a of the Act on the Employment of Persons with Disabilities (BEinstG), BGBl. No 22/1970, regulated protection against discrimination in the working world.

Disability

§ 3. Disability within the meaning of this Federal Act is the effect of a not only temporary physical, mental or psychological impairment of function or impairment of the sensory functions, which is suitable for the participation in life in the to make society more difficult. As not only temporarily, a period of more than six months is to be considered.

Non-discrimination

§ 4. (1) No one shall be discriminated directly or indirectly on the basis of a disability.

(2) The prohibition of discrimination in paragraph 1 shall also apply to any parent who is discriminated against on the basis of the obstruction of a child (Stief, choice, nurse) whose disability requires care to be taken into account.

(3) The prohibition of discrimination in paragraph 1 shall also apply to members who are discriminated against on the basis of the obstruction of a person whose disability-related necessary care is predominantly carried out by them. Relatives in a straight line with the exception of the parents (para. 2), siblings as well as marriage and life partners.

(4) The prohibition of discrimination in paragraph 1 shall apply to relatives in a straight line, siblings as well as marriage and life partners of persons with disabilities in the case of harassment in accordance with Section 5 (3) of this Directive.

Discrimination

§ 5. (1) Direct discrimination shall be deemed to exist if, in a comparable situation, a person is treated less favourily than another person has experienced, experienced or would be experienced in a comparable situation.

(2) indirect discrimination shall be the case if the appearance of neutral rules, criteria or procedures and characteristics of the areas of life of persons with disabilities in a particular manner discriminate against other persons , unless the relevant provisions, criteria or procedures and characteristics of a defined area of life 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 harassment. harassment shall be the case where, in connection with a disability, undesirable, inappropriate or offensive behaviour is set for the purpose or effect of violating the dignity of the person concerned and of intimidating a intimidating, the hostile, disgraceful, insulting or humiliating environment for the person concerned is created.

(4) Discrimination shall also be subject to the instruction of a person to discriminate against the grounds of disability and, in the case of a person's instruction, to harassment.

Disproportionate burdens

§ 6. (1) indirect discrimination within the meaning of section 5 (2) does not exist if the elimination of conditions which justify a disadvantage, in particular barriers, would be unlawful or unreasonable because of disproportionate burdens.

(2) In particular, when considering whether there is a disproportionate burden, account shall be taken, in particular:

1.		the burden of eliminating the conditions on which they are deprivation,
2.		the economic capacity of the party to be discriminated against,
3.		Support from public funds for the appropriate measures;
4.		the time elapsed between the entry into force of this federal law and the alleged discrimination,
5.		the effect of deprivation on the general interests of the persons protected by this law,
6.		in the case of access to housing for the use of the accommodation concerned, the need to be provided by the person concerned.

(3) If the removal of conditions which constitute a disadvantage is considered to be a disproportionate burden within the meaning of (1), there shall be discrimination against, where it has been agreed, at least one authoritative measure by reasonable measures To improve the situation of the person concerned in order to bring about the greatest possible approximation of treatment. Paragraph 2 shall be used in the examination of the reasonableness.

(4) In assessing the existence of indirect discrimination by means of barriers, it is also necessary to consider whether relevant legislation applicable to the present case is available for accessibility and whether and to what extent it is complied with. .

(5) Barrier-free means construction and other facilities, means of transport, technical articles of use, information processing systems and other areas of life when they are designed for people with disabilities in the generally usual way; without special difficulty and in principle accessible and usable without external help.

Positive action

§ 7. Special measures to achieve the equal participation of persons with disabilities in life in society do not constitute discrimination within the meaning of this Federal Law.

Commitment of the Federal Government

§ 8. (1) The prohibition of discrimination in Article 4 (1) must be taken into account in all circumstances of the administrative procedure. From a legally compliant application of substantive law alone, no violation of the prohibition of discrimination can be inferred. Any violation of the prohibition of non-discrimination by a staff member or a federal staff member violates the obligations arising from the service relationship and is to be followed in accordance with the provisions of the service and disciplinary provisions.

(2) The Federal Government undertakes to take the appropriate and concrete measures to enable persons with disabilities to have access to their services and offers. In particular, it has until 31 December 2006, after hearing the Austrian Association for Rehabilitation, to draw up a plan for the dismantling of structural barriers for the buildings which it uses and to provide for the implementation of stages in stages (Stairplan Federal Builds).

(3) The guidelines on the award of grants by the Federal Government must provide that in the award of grants to natural or legal persons, compliance with this Federal Act and the prohibition of discrimination pursuant to § 7b BEinstG shall be complied with by the promotion advertiser or the promotional advertiser must be taken into account, and it is ensured that the funded project does not contradiction the principles of this federal law.

Legal consequences in the event of violation of the prohibition of discrimination

§ 9. (1) In the event of a breach of the prohibition of discrimination in accordance with Section 4 (1), the person concerned shall, in any event, be entitled to compensation for the damage to the property and to compensation for the personal impairment suffered.

(2) In the event of a nuisance pursuant to § 5 (3), the person concerned shall, in any event, be entitled to compensation for the damage suffered by the person who is being harassed or the harassing agent. In addition to the compensation of any loss of property, the person concerned shall be entitled to compensation for the personal impairment suffered, but at least to 400 euros.

(3) If the harassment is carried out in full compliance with the law, the right shall also be against the competent legal entity.

(4) In determining the amount of intangible damages, it is necessary to take into account, in particular, the duration of discrimination, the seriousness of the debt, the relevance of the impairment and multiple discrimination.

(5) In response to a complaint or to the initiation of a procedure for the enforcement of the prohibition of discrimination, the person concerned may not be penalised. Another person who acts as a witness or witness or person in a process or who supports a complaint from an affected person may also act as a response to a complaint or to the initiation of a procedure for enforcement. the prohibition of discrimination is not penalised. Paragraphs 1 and 2 as well as sections 12 and 14 et seq. shall apply mutatily.

Section 2

Procedure

Assertion of claims

§ 10. (1) Claims arising from discrimination in the enforcement of laws may be subject to the Official Liability Act (AHG), Federal Law Gazette (BGBl). OJ No 20/1949, p. The dispute settlement procedure in accordance with § § 14 et seq. replaces the requirement procedure in accordance with § 8 AHG.

(2) Other claims under this Federal Act can only be asserted in the ordinary courts if a settlement procedure pursuant to § § 14 et seq. of the Federal Social Office has been carried out in advance at the Federal Social Office. The action shall be admissible only if an amicable agreement has not been reached at the latest within three months of the initiation of the conciliation procedure. The plainticking party has to join the lawsuit with a confirmation from the Federal Social Office that no amicable agreement could be reached.

(3) The action referred to in paragraph 2 may also be brought before the Court of First Instance, in the course of which the residence or habitual residence of the person concerned is situated. A limitation period of six months shall apply for the judicial assertion of a claim arising out of a harassment, and a period of three years for all other claims.

(4) The initiation of the conciliation procedure (§ 14 para. 2) brings about the inhibition of the time limits for judicial action. The service of the confirmation of the Federal Social Office to the person claiming a discrimination that no amicable agreement could be reached (Section 14 (3)), ends the inhibition. The confirmation shall be issued on request or, if an agreement is no longer to be expected after the expiry of the period referred to in paragraph 2, shall be issued in a manner that is independent of the agreement.

(5) After the confirmation of the confirmation, the person concerned shall be open at least for a period of three months for the purpose of judicial enforcement.

Jurisdiction in case of multiple discrimination

§ 11. If a data subject makes a violation of the prohibition of discrimination under this Federal Act as well as a violation of the principle of equal treatment without distinction of ethnicity in other areas, according to the Equal Treatment Act, BGBl. I No 66/2004, or the Federal Equal Treatment Act, BGBl. No. 100/1993, all the grounds for discrimination are to be taken into account in the dispute settlement procedure and can only be asserted in accordance with Section 10 of this Federal Law.

Burden of proof

§ 12. (1) If a person concerned is based in a court of law on any discrimination he has been granted within the meaning of this Federal Law, then it shall make that circumstance credible. In addition to the cases in paragraph 2, the defendant is responsible for proving that, in weighing all circumstances, it is more probable that another motive, credibly made by it, has been decisive for the different treatment.

(2) In the case of harassment, and in the case of discrimination caused by barriers, it is for the defendant to prove that, if all circumstances are weighed, it is more probable that the parties ' believability shall be the facts of the truth are true.

Verbandsklage

§ 13. (1) If the legal provisions or prohibitions governed by this Federal Act are violated, and thereby the general interests of the persons protected by this Law are significantly and permanently affected, the Austrian Association for Rehabilitation (Arbeitsgemeinschaft für Rehabilitation), an action for the determination of discrimination on the basis of a disability.

(2) The action can only be filed on the basis of a recommendation by the Federal Council for Disabled People (§ 8 of the Federal Disabled People's Act, BGBl. No 283/1990). The decision shall be taken by a majority of two-thirds of the votes cast.

Section 3

Mediation

Dispute resolution

§ 14. (1) At each state office of the Federal Social Office, in matters of equality between persons with disabilities within the meaning of this federal law and the equal treatment of persons with disabilities in the working world (§ § 7a to 7q BEinstG). To carry out a dispute resolution procedure.

(2) The conciliation procedure begins with the introduction of the application by which mediation is sought, by the person claiming discrimination. § 13 AVG shall apply to the application, subject to the proviso that the application must be submitted in writing or orally to the protocol. § § 32 and 33 AVG are to be applied.

(3) The conciliation procedure ends with the agreement or with the notification of the confirmation of the Federal Social Office that no amicable agreement could be reached, to the person claiming discrimination. § 8 of the Delivery Act, BGBl. No 200/1982, should be applied.

(4) The Federal Social Office has to inform the disabled lawyer (Section 13b of the Federal Disabled Persons Act) of the result of the conciliation procedure.

Mediation

§ 15. (1) The Bundessozialamt (Federal Social Office) has to try to examine the use of possible subsidies in accordance with national or national legislation, and to seek a friendly balance between the parties ' interests in the interests of interests between the parties. .

(2) The use of mediation is to be offered. Mediation is by external mediators within the meaning of the Federal Law on Mediation in Civil Law, BGBl. I No 29/2003.

Cost of closure

§ 16. (1) The costs of mediation and any assistance by experts, interpreters and interpreters as well as other experts shall be borne by the Federal Government in accordance with the conditions laid down by the Federal Minister of Justice and the Federal Republic of Germany, respectively. Federal Minister for Social Security, Generations and Consumer Protection to be issued guidelines.

(2) Persons fulfilling an invitation from the Federal Social Office or the Mediator/Mediator within the scope of the conciliation procedure shall, upon request, be entitled to the fees payable to the witnesses (Section 3 of the Fees Act 1975, BGBl. No. 136). The costs are borne by the federal government.

Section 4

Final provisions

Free of charge

§ 17. The official acts, entries and powers required for the implementation of this Federal Act are exempt from administrative charges.

References to other federal laws

§ 18. Insofar as provisions of other federal laws are referred to in this Federal Act, these are to be applied in their respectively applicable version.

In-force pedals and transitional provisions

§ 19. (1) This federal law shall enter into force 1. Jänner 2006 in force.

(2) The provisions of this Federal Act concerning constructional barriers in connection with buildings, which are due to one before the 1. Until 31 December 2015, the building permit issued in January 2006 was to be applied only to the extent that a building barrier was built illegally.

(3) The provisions of this Federal Act concerning barriers in connection with transport facilities, transport facilities and rail vehicles, which are before the 1. Jänner 2006 on the basis of the relevant legal provisions approved or , until 31 December 2015, only to the extent that a barrier has been illegally established shall be applicable until 31 December 2015.

(4) The provisions of this Federal Act concerning barriers in connection with public transport, with the exception of rail vehicles (par. 3), which is before the 1. January 2006, due to the corresponding legal provisions, have been admitted until 31 December 2008 only to the extent that a barrier has been established illegally.

(5) (2) to (4) shall not apply if the alleged discrimination is in accordance with the provisions of the first subparagraph. January 2007, and the effort required to remove the barriers referred to in paragraphs 2 to 4 does not exceed the amount of EUR 1 000.

(6) (2) and (3) shall not apply;

1.		if the alleged discrimination in accordance with the 1. January 2010, and the effort required to remove the barriers referred to in paragraphs 2 and 3 does not exceed the amount of EUR 3 000,
2.		if the alleged discrimination in accordance with the 1. January 2013, and the effort required to remove the barriers referred to in paragraphs 2 and 3 does not exceed the amount of EUR 5 000.

(7) The limits referred to in paragraphs 5 and 6 relate to all expenditure on measures for the elimination of barriers in the area of a functional unit, respectively. A functional unit is the definable unit of action in the area of a building, a traffic system or a transport system, the redesign of which is necessary for the accessible use of the requested service.

(8) If a building, a transport facility, a transport facility or a rail vehicle is generalized on the basis of a permit issued following the entry into force of this Federal Law, the provisions of this Federal Law shall be applicable with regard to: building barriers or To apply barriers relating to transport facilities, transport equipment or rail vehicles from the date of completion of the general renovation.

(9) If a building is converted from public funds on the basis of a building permit issued after the entry into force of this Federal Law, the provisions of this Federal Act concerning the construction of a building are Barriers to the remodded parts of the building from 1. Jänner 2008.

(10) Operators of transport facilities, transport facilities or public transport are obliged to take a plan to reduce barriers for the to make use of facilities, facilities and public transport used by them, and to provide for the implementation of the stages in stages (stage plan transport).

Enforcement

§ 20. With the enforcement of this federal law are entrusted

1.		as regards Section 8, Section 10 (1) and Section 19 (7) of the Federal Government,
2.		as regards Section 17 of the Federal Chancellor, the Federal Chancellor,
3.		is, moreover, the Federal Minister, the Federal Minister for Social Security, Generations and Consumer Protection.

Article 2

Amendment of the Disabled Persons Act

The disability employment law, BGBl. N ° 22/1970, as last amended by the Federal Law BGBl. I No 71/2003, shall be amended as follows:

1. The heading of § 2 reads as follows:

"Beneficiaries of the Disabled"

2. In § 2 (4), after the expression "Section 10a (3a)" the word group "and § § 7a to 7r and 24a to 24f" inserted.

3. § 3 reads:

" § 3. Disability within the meaning of this Federal Act is the effect of a not only temporary physical, mental or psychological impairment of function or impairment of sensory functions, which is suitable for the participation in working life more difficult. As not only temporarily, a period of more than six months is expected. "

4. In § 4 (1) the word group shall be "Service-takers within the meaning of this Federal Law" through the word group "Service for the purpose of calculating the required number" replaced.

5. The heading of § 6 reads:

"Adequate arrangements and support measures"

6. According to Article 6 (1), the following paragraph 1a is inserted:

" (1a) Service providers shall take the appropriate measures, and in the specific case, to take the necessary measures to ensure that persons with disabilities have access to employment, the pursuit of a profession, promotion and participation in, and To allow further training measures, unless these measures would impose a disproportionate burden on the service provider. This burden is not disproportionate if it can be adequately compensated for by means of promotion measures in accordance with federal or state legislation. "

7. According to § 7, the following § § 7a to 7r shall be inserted together with the headings:

" Protection against discrimination in the world of work-Scope

§ 7a. (1) The provisions of § § 7b to 7q shall apply to the area of the working world, including:

1.		all types of service based on private-law contracts,
2.		access to all forms and to all levels of vocational guidance, vocational training, continuing vocational training and retraining, including practical professional experience,
3.		membership and participation in an organization of workers or employers or of an organisation whose members belong to a particular professional group, including the use of the services of such organisations; and
4.		conditions for access to self-employment,
provided that this falls within the regulatory competence of the federal government.

(2) The provisions of § § 7b to 7q shall also apply to

1.		public service relations with the federal government,
2.		Training conditions of all kinds to the federal government,
3.		Employment relationships, to which the Home Work Act 1960, BGBl. No 105/1961, and
4.		Employment relationships of persons who, without being in a service relationship, work on behalf of and for the account of certain persons and are to be regarded as worker-like because of economic independence.
For the scope of § § 7b to 7q, the employment relationships according to Z 2 to 4 apply as service conditions.

(3)

1.		Employment relationships of agricultural and forestry workers in the sense of the Landarbeitsgesetz 1984, BGBl. No 287, and
2.		Employment relationships, including employee-related employment relationships within the meaning of paragraph 2 (2) (4), to a country, a community association or a community.

(4) The provisions of § § 7b to 7q shall also apply to the employment of employees who are not registered in Austria by a service provider.

1.		in the framework of a labour force transfer or
2.		on continuing work performance
posted to Austria, for the duration of the posting.

Non-discrimination

§ 7b. (1) In connection with an employment relationship pursuant to section 7a (1) (1), (2) and (4) as well as in the other working world within the meaning of section 7a (1) (2) to (4), no one may be subject to direct or indirect discrimination in connection with a service relationship, in particular,

1.		in the case of the establishment of the service,
2.		in setting the remuneration,
3.		on the granting of voluntary social benefits, which do not constitute a payment,
4.		in the case of training and retraining measures,
5.		during promotion, in particular in the case of promotions and the allocation of higher-paid uses (functions),
6.		in respect of other working conditions,
7.		when the service is terminated,
8.		access to vocational guidance, vocational training, continuing vocational training and retraining outside of an employment relationship,
9.		in the case of membership and participation in an organisation of workers or employers or of an organisation whose members belong to a particular professional group, including the use of the services of such organisations,
10.		in the conditions of access to self-employment.

(2) Operating arrangements and standards of collective redress must not prescribe criteria for the regulation of the remuneration criteria which result in discrimination on the basis of a disability.

(3) In the case of the classification of uses and jobs of the public administration in categories relevant to the monthly reference or monthly salary, such as grade, use and function groups or classes of service, no criteria shall be applied to the categories of: To use an assessment of the activity which leads to discrimination on the basis of disability.

(4) § 3 shall apply to the concept of disability of paragraphs 1 to 3, subject to the proviso that a fixed degree of disability is not required.

(5) The provisions of Section 1 and § § 7c to 7q of this Federal Act shall also apply to any parent who is discriminated against on the basis of the disability of a child (Stief-, Wahl-, Pflegekindes), whose handicap-related necessary Care he perceivates. They must also be applied to relatives who are discriminated against on the basis of the disability of a person whose disability-related necessary care is primarily responsible for them. Members of the family, brothers and sisters, brothers and sisters, as well as relatives in a straight line with the exception of their parents are considered. In the case of harassment in accordance with § 7d, the provisions of Section 1 and § § 7c and 7e to 7q shall apply to relatives in a straight line, siblings as well as marriage and life partners of persons with disabilities.

(6) Any violation of the prohibition of non-discrimination in paragraph 1 by a federal staff member violates the obligations arising from the service relationship and is to be followed in accordance with the service and disciplinary provisions.

Discrimination

§ 7c. (1) Direct discrimination shall be deemed to exist if, in a comparable situation, a person is treated less favourily than another person has experienced, experienced or would be experienced in a comparable situation.

(2) indirect discrimination shall be the case if the appearance of neutral rules, criteria or procedures and characteristics of the areas of life of persons with disabilities in a particular manner discriminate against other persons , unless the relevant provisions, criteria or procedures and characteristics of a defined area of life are objectively justified by a legitimate aim, and the means are appropriate and necessary to achieve that objective.

(3) In the event of unequal treatment on account of a feature related to disability, there shall be no discrimination if the characteristic in question is based on the nature of a particular occupational activity or the framework conditions of the property concerned. Exercise is an essential and decisive professional requirement, and provided that it is a legitimate purpose and an appropriate requirement.

(4) indirect discrimination within the meaning of para. 2 does not exist if the elimination of conditions which justify a disadvantage, in particular barriers, would be unlawful or unreasonable because of disproportionate burdens.

(5) In particular, when considering whether there is a disproportionate burden, account should be taken, in particular:

1.		the burden of eliminating the conditions on which they are deprivation,
2.		the economic performance of the service provider, or in the cases of Section 7b (1) (8) to (10) of the respective legal entity;
3.		Support from public funds for the appropriate measures;
4.		the period between the entry into force of this federal law and the alleged discrimination.

(6) If the removal of conditions which constitute a disadvantage is a disproportionate burden within the meaning of paragraph 4, there shall be discrimination if it has been agreed that at least one of the relevant measures shall be subject to reasonable measures. To improve the situation of the person concerned in order to bring about the greatest possible approximation of treatment. Paragraph 5 shall be used in the examination of the reasonableness.

(7) In assessing the existence of indirect discrimination by means of barriers, it is also necessary to consider whether relevant legislation applicable to the present case is available for accessibility and whether and to what extent it complies with the requirements of the present case. . Barrier-free are construction and other facilities, means of transport, technical utility objects, information processing systems and other designed areas of life, if they are used for people with disabilities in the generally usual way, without particular difficulty and, in principle, accessible and usable without external assistance.

(8) Discrimination is also subject to the instruction of a person to discriminate against the grounds of disability.

(9) Specific measures to promote gender equality in working life, which prevent or compensate for disadvantages linked to a disability, do not constitute discrimination within the meaning of this Federal Law.

Molestation

§ 7d. (1) Discrimination shall also be subject to harassment. harassment shall be the case where, in the context of a disability, undesirable, inappropriate or offensive behaviour is set for the purpose or effect of violating the dignity of the person concerned and of intimidating, the hostile, disgraceful, insulting or humiliating environment for the person concerned is created.

(2) Discrimination shall also be discriminated against if a service provider culpably leaves it, in the case of harassment by a third party, an appropriate one based on statutory provisions, standards of collective redress or the employment contract. To remedy the situation.

(3) Discrimination shall also be applied when a person is instructed to be harassed.

Legal consequences of discrimination on the basis of the employment relationship and the career advancement

§ 7e. (1) If a service relationship has not been established for breach of the prohibition of discrimination in Section 7b (1) (1) (1), the employer shall be responsible to the employment advertiser for the compensation of the financial loss and for compensation for the personal impairment. The replacement shall be

1.		at least one month's salary if the job advertiser had been awarded the job in the case of non-discriminatory selection; or
2.		up to EUR 500 if the service provider can prove that the damage caused to a job advertiser by the discrimination alone is that the consideration of his application has been refused.

(2) If a service taker has not ascended for professional reasons on account of a breach of the prohibition of discrimination in Section 7b (1) (5), the employer shall be responsible to the service provider for the compensation of the loss of property and compensation for the suffered. personal impairment. The replacement shall be

1.		if, in the event of a non-discriminatory selection, the service provider would have had a professional increase, the difference for at least three months between the remuneration which the service taker would have received on successful career advancement and the actual pay, or
2.		if the service provider can prove that the damage caused to the service provider by the discrimination alone is that the consideration of his application has been refused, up to 500 euros.

(3) If a service relationship with the Federal Government has not been established for violation of the prohibition of discrimination under Section 7b (1) (1) (1), the Federal Government shall be entitled to compensation for the loss of property and to compensation for the loss of the property. personal impairment. The replacement shall be

1.		at least three months ' salary of the amount due for salary level 2 of service class V of officials of the general administration if the job advertiser had been awarded the post in the event of non-discrimination, or
2.		up to three monthly references of the amount due for salary level 2 of service class V of officials of the general administration, if the employer can prove that the damage caused to a job advertiser by the discrimination alone is that the consideration of his application has been denied.

(4) If a federal staff member has not ascended professionally for breach of the prohibition of discrimination in Section 7b (1) (5), the Federal Government shall be entitled to compensation for the loss of property and compensation to the staff member personal impairment. The replacement entitlement shall be the difference in remuneration (in the case of officials 'reference difference) between the remuneration (in the case of officials' monthly reference), which the staff member would have received on successful career advancement, and the actual remuneration (for officials, Monthly reference)

1.		for a period of at least three months if the staff member in the case of non-discrimination-free choice would have had a professional career, or
2.		for up to three months, if the employer can prove that the damage suffered by the staff member by the discrimination is solely that the consideration of his application has been refused.

Legal consequences of discrimination in connection with termination of a service

§ 7f. (1) If the service has been terminated or terminated prematurely by the service provider on account of a disability of the employee or because of the apparently non-unauthorized assertion of claims under this federal law (Section 7b (1) Z 7), this may be the case. the dismissal or dismissal under the condition of § 7k are challenged in court.

(2) If the employment relationship of an official has been terminated or terminated prematurely on account of a disability or because of the apparently non-unauthorized assertion of claims under this Federal Act, or is the official due to a disability The termination, dismissal or retire of retirement shall be declared legally ineffective on the basis of an application by the service provider concerned.

(3) (1) and (2) are not applicable to dismissals for which § 8 applies.

Other legal consequences of discrimination in relation to a service

§ 7g. (1) In the event of a breach of the prohibition of discrimination in Section 7b (1) (2) by the employer for the same work or for a work which is recognised as equivalent, a disabled service provider shall be deemed to be less than any other person. He shall be entitled to payment of the difference and compensation to the service provider for the personal impairment suffered.

(2) In the event of a breach of the prohibition of non-discrimination in Section 7b (1) (3), the service provider shall be entitled to the granting of the allowance in question or to compensation for the loss of property and to compensation for the personal injury suffered. Impairment.

(3) In the event of a breach of the prohibition of non-discrimination in Section 7b (1) (4), the service provider shall be entitled to include in the corresponding vocational training and further training measures or to compensation for the financial loss as well as to compensation for the personal detriment suffered.

(4) In the event of a breach of the prohibition of non-discrimination in Section 7b (1) (6), the disabled service provider shall be entitled to the granting of the same working conditions as another service provider or to compensation for the loss of property and to compensation for the personal detriment suffered.

Legal consequences of discrimination in the rest of the working world

§ 7h. (1) In the event of a breach of the prohibition of non-discrimination in Section 7b (1) (8), the person concerned shall be entitled to include in the appropriate vocational guidance, training and retraining measures, or for compensation for the loss of property, as well as to include: Compensation for the personal impairment suffered.

(2) In the event of violation of the prohibition of non-discrimination in Section 7b (1) Z 9, the person concerned shall be entitled to membership and participation in the organisation concerned and to the use of the services of the organisation concerned or to the replacement of such persons. of the financial loss and of compensation for the personal impairment suffered.

(3) In the event of violation of the prohibition of non-discrimination in Section 7b (1) Z 10, the person concerned shall be entitled to compensation for the loss of property and to compensation for the personal impairment suffered.

Legal consequences of harassment or deprivation caused by a complaint

§ 7i. (1) In the event of harassment (§ 7d), the person concerned shall be entitled to compensation for the damage suffered in the event of a culpable omission by the employer (Section 7d (2)), even with regard to the latter. In addition to the compensation of any loss of property, the person concerned shall be entitled to compensation for the personal impairment suffered, at a minimum, but at least 400 euros, the molested person shall be a federal staff member on 720 Euro damages.

(2) In response to a complaint or to the initiation of a procedure for the enforcement of the prohibition of discrimination under Section 7b (1), the service provider may not be dismissed, terminated or otherwise disadvantaged by the employer. Another service taker who acts as a witness or information person in proceedings or who supports a complaint from another service provider may also act in response to a complaint or to initiate a procedure for enforcement the prohibition of discrimination shall not be dismissed, terminated or otherwise discriminated against. § § 7f and 7p shall apply mutatily.

Level of damages

§ 7j. In the assessment of the amount of intangible damages (§ § 7e to 7i), it is particularly important to consider the duration of discrimination, the seriousness of the fault, the relevance of the impairment and multiple discrimination.

Assertion of claims in court

§ 7k. (1) Claims in accordance with § § 7e to 7i can only be asserted in the ordinary courts if in the case before the Federal Office for Social Affairs and Disabled Persons (Federal Social Office) a settlement procedure in accordance with § § 14 et seq. Federal Disability Equality Law (BGStG), BGBl. I n ° 82/2005. The action shall be admissible only if an amicable agreement has not been reached within three months, in the event of a dismissal or dismissal within one month from the initiation of the conciliation procedure. The plaintiff has sent a confirmation from the Federal Social Office to the plaintiff that no amicable agreement could be reached.

(2) The following time limits shall apply to the judicial assertion of the claims:

1.		in cases in accordance with § 7e, six months from the date of refusal of the application or promotion;
2.		in the case of dismissal or dismissal pursuant to § 7f or § 7i (2) 14 days from access;
3.		in the case of harassment in accordance with Article 7i (1), six months;
4.		in cases according to § 7g, the three-year limitation period shall apply in accordance with § 1486 of the General Civil Code (ABGB), in cases according to § 7h the three-year limitation period according to § 1489 ABGB.

(3) proceedings concerning claims under § 7h may, in any case, also be brought to the court in which the person concerned resides or the habitual residence of the person concerned is located.

(4) The initiation of the conciliation procedure (§ 14 para. 2 BGStG) brings about the inhibition of the time limits for judicial action. The service of the confirmation of the Federal Social Office to the person claiming discrimination that no amicable agreement could be reached (§ 14 para. 3 BGStG), ends the inhibition. The confirmation shall be issued on request or, if an agreement is no longer to be expected after the expiry of the period referred to in paragraph 1, shall be issued in a manner that is independent of the agreement.

(5) After notification of the confirmation, in the event of a dismissal or dismissal for the purpose of collecting the action, the person concerned shall, in any case, still be open for a period of 14 days, in all other cases, at least for a period of three months.

Assertion of claims by officials

§ 7l. (1) Claims of civil servants according to § § 7e to 7g and in accordance with § 7i paragraph 2 can only be asserted with the service authority if a settlement procedure in accordance with § § 14 ff BGStG has been carried out in the case before the Federal Social Office. The enforcement by officials of the service authority shall be admissible only if an amicable agreement is not reached within three months, in the case of termination or dismissal within one month from the initiation of the conciliation procedure. has been achieved. If it is at the discretion of the Authority to decide on the question of law by means of a decision, an application for a certificate shall be admissible only after the termination of the conciliation procedure. The service authority is obliged to take part in a conciliation procedure and to provide the Federal Social Office with the necessary information.

(2) The service authority shall immediately apply this federal law in accordance with paragraphs 1 and 3 to 6 as well as sections 7b to 7g, 7i, 7j, 7m and 7o of this federal law.

(3) If, after termination of a conciliation procedure, claims are made which relate to a discriminatory decision by means of a decision, and an ordinary legal remedy is open, the assertion of claims in the course of the Legal means to be carried out. If the service authority decides in the first and last instance, the assertion can be made within 14 days from the date of employment by means of an application for an explanation of the legal invalidity of the discriminating decision. In the event of a discriminatory decision, the service authority shall repeal the decision adopted and re-decide the legal question.

(4) In addition to the cases provided for in paragraph 3, the following time limits shall apply to the assertion of claims to the service authority:

1.		in cases in accordance with § 7e six months after the rejection of the application or promotion;
2.		in the case of termination, dismissal or a non-official retirement pension pursuant to § 7f or Article 7i (2) 14 days from the date of access;
3.		in cases according to § 7g, the three-year limitation period shall apply in accordance with § 1486 ABGB.

(5) The initiation of the conciliation procedure (§ 14 para. 2 BGStG) brings about the inhibition of the time limits for assertions at the service authority, as well as ordinary or extraordinary time-limits. The notification of the confirmation of the Federal Social Office to the person claiming discrimination that no amicable agreement could be reached (§ 14 para. 3 BGStG), ends the inhibition of the deadlines for asserting the claim. The confirmation shall be issued on request or, if an agreement is no longer to be expected after the expiry of the period referred to in paragraph 1, shall be issued in a manner that is independent of the agreement.

(6) In the event of termination or dismissal of the confirmation, the person concerned shall, in any case, remain open for a period of 14 days after the confirmation of the confirmation. In cases where an ordinary or exceptional period of appeal has been hammered out, it is still open to the public. In all other cases, at least a period of three months shall be open.

(7) If there is no amicable agreement in the conciliation procedure, the Federal Social Office may, after carrying out the relevant investigations, give an opinion on the existence of discrimination at the request of the data subject.

Assertion of claims by officials in the event of harassment

§ 7m. (1) Under the condition of the execution of the conciliation procedure in accordance with § § 14 ff BGStG, claims of officials from a harassment (§ 7i paragraph 1) against the harassing officer in court according to § 7k, against the service provider at the service authority according to § 7l shall be claimed.

(2) Claims from a harassment against the harrassment are to be brought to court within six months.

(3) Claims arising from a harassment against the service provider shall be submitted to the service authority within six months.

Denial of non-service claims in the event of discrimination in the enforcement of laws

§ 7n. According to § 7h (3) (conditions for access to self-employment), if the discrimination is carried out in full compliance with the law, according to the law of the law of law (AHG), BGBl. OJ No 20/1949, p. The dispute settlement procedure in accordance with § § 14 ff BGStG replaces the requirement procedure in accordance with § 8 AHG.

Jurisdiction in case of multiple discrimination

§ 7o. Does a data subject make both a violation of the prohibition of discrimination under Section 7b (1) under this Federal Act as well as a violation of the equal treatment offer of women and men in the working world, or the principle of equal treatment without distinction of ethnicity, religion or belief, age or sexual orientation in the world of work within the meaning of the Equal Treatment Act, BGBl. I No 66/2004, or of the Federal Equal Treatment Act, BGBl. No. 100/1993, all grounds of discrimination are to be discouraged in accordance with § § 14 ff BGStG and can only be asserted in the ordinary courts according to § 7k or in the case of public authorities only in accordance with § § 7l or 7n.

Burden of proof

§ 7p. If a person concerned is based in court on a case of discrimination within the meaning of Section 7b (1) or a nuisance (§ 7d), then it has to make this circumstance credible. It is up to the defendant, on the basis of Section 7b (1), to prove that, in weighing all circumstances, it is more probable that another motive credibly made by the defendant was decisive for the difference in treatment. In the case of an appeal to § 7d, and in the case of discrimination caused by barriers, it is for the defendant to prove that, if all circumstances are weighed, it is more probable that the facts credibly made by the defendant are of the truth.

Secondary intervention

§ 7q. The Austrian Association for Rehabilitation can, if required by a person concerned, litigation in order to assert claims arising from a violation of the prohibition of discrimination of § 7b as a secondary intervener (§ § 17 to 19 ZPO) Join.

Special provisions for national teachers, scope of application

§ 7r. § § 7b to 7q of this Federal Law are on teachers at public compulsory schools and at agricultural and forestry vocational and technical schools (§ 1 of the Landeslehrer-dienstrechtsgesetz 1984, BGBl. No. 302, § 1 of the Land and Forest Law Teachers Service Law 1985, BGBl. No. 296, § 1 of the LandesContract Teachers Act 1966, BGBl. 172 and § 1 of the Land and forestry State Contract Teachers Act, Federal Law Gazette (BGBl). No 244/1969), subject to the proviso that:

1.		in so far as the federal authorities have jurisdiction in their place to replace the national bodies (service authorities) appointed by the national law,
2.		where reference is made to the dispute settlement procedure in accordance with § § 14 ff BGStG, a comparable procedure is to be regulated by national law, and
3.		where, in accordance with § § 7e to 7h, compensation claims are granted to the Federal Government to bear these claims by the Land. "

8. In accordance with Article 8 (4), the following paragraph 4a is inserted:

"(4a) In the decision on the consent to terminate a beneficiary disabled person, the prohibition of discrimination in Section 7b (1) must also be taken into account."

9. § 19 (1) reads:

" (1) To the proceedings, insofar as this federal law does not determine otherwise, the provisions of the General Administrative Procedure Act 1991, BGBl. No. 51, and with regard to § 21, the provisions of the Administrative Code Act 1991, BGBl. No. 52, subject to the proviso that the period of appeal for proceedings pursuant to Section 14 (2) shall be 6 weeks. "

10. According to Article 19 (1), the following paragraph 1a is inserted:

" (1a) The procedures for the assertion of claims by civil servants in the service authorities according to § § 7l and 7m are, insofar as this federal law does not determine otherwise, the Act on the Law of the Law 1984, BGBl. 29, and to apply the regulations to that effect. "

11. In § 22 (4), the phrase " Data Protection Act, BGBl. No 565/1978, " through the phrase " Data Protection Act 2000, BGBl. I No 165/1999, ' replaced.

12. § 24 receives the title:

"Linguistic equal treatment and reference to other federal laws"

13. The previous § 24 receives the sales designation "(2)" , the following § 24 (1) is inserted before (2):

" (1) In so far as personal names are only mentioned in male form in this federal law, they relate to women and men in the same way. The gender-specific form must be used in the application to certain persons. "

14. According to § 24, the following § § 24a to 24f shall be inserted together with the headings:

" Basic provisions for the regulation of equal treatment in working life in agriculture and forestry-Scope

§ 24a. In accordance with Art. 12 (1) Z 6 B-VG, the principles set out in § § 24b to 24f shall be established for the regulation of equal treatment in working life in agriculture and forestry. The provisions of § § 24b to 24f apply to the employment relationships of agricultural and forestry workers within the meaning of the Landarbeitsgesetz 1984, BGBl. No. 287.

Non-discrimination

§ 24b. On the basis of a disability, no one may be directly or indirectly discriminated against in the context of a service, in particular:

1.		in the case of the establishment of the service,
2.		in setting the remuneration,
3.		on the granting of voluntary social benefits, which do not constitute a payment,
4.		in the case of training and retraining measures,
5.		in promotion, in particular in the case of transport operations,
6.		in respect of other working conditions,
7.		when the service is terminated.

Definitions

§ 24c. § § 3, 7b (4) and 5, 7c and 7d are to be used for the assessment of the subject of a disability in the sense of the prohibition of discrimination and the subject of discrimination.

Remuneration Criteria

§ 24d. In the regulation of the remuneration criteria, operational classification schemes and standards of collective redress must not prescribe criteria that lead to discrimination on grounds of disability.

Legal consequences of discrimination

§ 24e. (1) Effective, proportionate and dissuasive legal consequences for the violation of the prohibition of discrimination should be laid down.

(2) adequate safeguards should be provided for persons who are disadvantaged in response to a complaint or to the initiation of a procedure for the enforcement of the prohibition of discrimination.

(3) In court proceedings, provision should be made for the burden of proof in favour of discriminated persons.

(4) In the case of multiple grounds of discrimination in relation to a case of discrimination (multiple discrimination), it is necessary to ensure that the claim for discrimination is decided in a single procedure.

Out-of-court dispute settlement

§ 24f. Provision should be made for arrangements for out-of-court dispute settlement, in particular with the use of mediation. "

15. The following paragraph 10 is added to § 25:

" (10) § 2 with title, § 3, § 4 (1), § 6 with title, § § 7a to 7r, § 8 para. 4a, § 19, § 22 para. 4, § § 24 bis 24f, § 25a and § 26 together with the title in the version of the Federal Law BGBl. I n ° 82/2005 will be 1. Jänner 2006 in force. The Federal States ' implementing laws on the principles laid down in § § 24a to 24f shall be adopted within six months from the date of the customer's presentation. "

16. In accordance with § 25, the following § 25a and title shall be inserted:

" Implementation Notice

§ 25a. By the provisions of § § 6 (1a), 7a to 7r and 24a to 24f of this Federal Act, Council Directive 2000 /78/EC of 27 November 2000 establishing a general framework for the implementation of equal treatment in employment and occupation, OJ No. L 303, for the area of persons with disabilities, implemented within the framework of the legislative competence of the federal government. "

17. § 26 receives the title:

"Full Education"

18. § 26 lit. b to j are:

" (b)			in respect of the provisions of Section 7b (2) of the Federal Minister for Economic Affairs and Labour;
c)			in respect of the provisions of § § 7b to 7k and 7o, insofar as it concerns matters of the Federal Service, the Federal Government;
d)			in respect of the provisions of § § 7l to 7n the Federal Government;
e)			in respect of § 7r the Länder;
f)			in respect of the provisions of Section 16 (3) and section 23, insofar as they concern administrative charges, the Federal Chancellor;
g)			in respect of the provisions of Section 18 (2) to (4) of the Federal Minister of Justice;
h)			in respect of the provisions of § 23, insofar as they relate to national fees and traffic taxes, the Federal Minister of Finance and
i)			in respect of all other provisions of the Federal Ministers for Social Security, Generations and Consumer Protection,
j)			The Federal Minister of Economics and Labour is responsible for the exercise of the rights granted to the Federal Government pursuant to Art. 15 (8) B-VG with regard to § § 24a to 24f. "

Article 3

Amendment of the Federal Disabled

The federal disability law, BGBl. No 283/1990, as last amended by BGBl. I n ° 136/2004, shall be amended as follows:

1. § 9 (1) Z 3 reads:

" 3.		one representative of the Federal Ministry for Social Security, Generations and Consumer Protection, the Federal Ministry of Finance, the Federal Ministry of Health and Women, and the Federal Ministry for Economic Affairs and Labour, "

1a. In Section 9 (1), the point shall be replaced by a dash after Z 7, and the following Z 8 shall be added:

" 8.		the disability lawyer (§ 13b). "

Section 13a (2) reads as follows:

" (2) For the purposes of § 1, the following shall be reported in particular on:

1.		measures to ensure the best possible participation of people with disabilities in all areas of social life and their impact,
2.		the impact of the Federal Disability Equality Act (BGBl. I No 82/2005),
3.		the activities of the disabled person's lawyer (Section IIb). "

(3) According to Article 13a, the following section IIb and heading is inserted:

" SECTION IIb

DISABLED ATTORNEY

§ 13b. The Federal Minister for Social Security, Generations and Consumer Protection has to appoint a lawyer for equal treatment issues for people with disabilities (disability attorney).

Duties of the disabled person

§ 13c. (1) The disability attorney is responsible for advising and supporting persons who are in the sense of the Federal Disability Equality Act (BGStG), BGBl. I n ° 82/2005, or § § 7a to 7q of the Act on Disability of Persons with Disabilities, BGBl. No 22/1970, in the version in force in force, feel discriminated against. For this purpose, he can hold office hours and speaking days throughout the entire federal territory. In the exercise of his duties, the lawyer is self-employed, independent and not bound by any instructions.

(2) The disabled person may, without prejudice to § 19 (2) to 6 BGStG, carry out studies on the subject of discrimination against persons with disabilities, and publish reports and make recommendations on all discrimination against persons with disabilities. Issues affecting disabled people.

(3) Every year, the Office for Disability of the Disabled has to submit an annual report to the Federal Minister for Social Security, Generations and Consumer Protection, as well as to report orally to the Federal Council for the Disabled (§ 8).

Order of the disabled lawyer

§ 13d. (1) The disabled lawyer shall be ordered for a period of four years. Reorder is allowed. After the end of the four-year period of operation, the acting disability lawyer has to continue doing business until a new disability lawyer is appointed. The period of continuation of the business by the incumbent lawyer is counting on the term of the newly appointed disabled person's lawyer.

(2) Only those who are entitled to disability and who have special experience and knowledge in the fields of the interests of persons with disabilities and equal treatment can be appointed to the disability attorney. For the same kind of suitability, a person with a disability is to be given the preference when ordering.

(3) The person for the disabled shall be responsible for the conscientious exercise of his function and, if he is not subject to the secrecy of his duties under Art. 20 B-VG, to secrecy over all the business and business known to him in the performance of his duties Business secrets as well as private data and family relationships are committed.

(4) The Federal Minister for Social Security, Generations and Consumer Protection has to abstain from the function of the disabled person if he requests the revelation or neglects the duties of his function.

Management and costs

§ 13e. (1) The Federal Ministry for Social Security, Generations and Consumer Protection is responsible for the establishment of an office for the management of the current business. The Federal Ministry for Social Security, Generations and Consumer Protection has to meet the requirements of both factual and staffing requirements. The national offices of the Federal Office for Social Affairs and the Disabled have to assist the disabled person in the performance of his duties, in particular in the holding of speaking days, as required.

(2) If the attorney for the disabled is standing in the active Federal Service, he shall have the free time required for the performance of his duties in the form of a payment of his remuneration; the use shall be communicated to the service provider. He shall be entitled to the replacement of the travel fees in accordance with the rules applicable to him.

(3) In all other cases, he shall be entitled to remuneration for his activity and to the replacement of travel and subsisting expenses with the appropriate application of the provisions of the Fees Act 1975, BGBl, which apply to the Schöffen and jury. No. 136. The amount of the remuneration has to be determined by the Federal Minister for Social Security, Generations and Consumer Protection in agreement with the Federal Minister of Finance. "

4. The following paragraph 9 is added to § 54:

" (9) § 9 (1) (3), Section 13a (2), Section IIb, and Section 56, as amended by the Federal Law BGBl (Federal Law Gazette). I n ° 82/2005 will be 1. Jänner 2006 in force. "

5. In § 56, in Z 2 the expression "§ 10 para. 1 Z 2" by the expression "§ 10 (1) (2) and (3) 13d (3)" , in Z 3 the expression "Section 13a (3)" by the expression "§ 13a (3) and § 13d (2)" replaced.

Article 4

Amendment of the Federal Social Insurance Act

The Federal Social Insurance Act, BGBl. No 150/2002, as last amended by BGBl. I n ° 136/2004, shall be amended as follows:

1. The previous § 2 para. 3 receives the sales designation "(4)" . The reason is § 2 para. 3:

" (3) The Federal Office of Social Affairs and the Disabled is subject to the dispute settlement procedure in accordance with § § 14 et seq. of the Federal Act on Equal Opportunities for Disabled Persons (BGStG), Federal Law Gazette (BGBl). I No 82/2005. '

2. In Section 5 (2), the term "Z 5" shall be deleted "in the version in force." , after that the following Z 6 is added:

" 6.		Performance of the tasks in connection with the settlement procedures according to § § 14 ff BGStG. "

3. The previous § 9 receives the sales designation "(1)" . After that the following § 9 para. 2 is added:

"(2) As far as the provisions of other federal laws are referred to in this Federal Act, they shall be applied in their respectively applicable version."

(4) The following paragraph 4 is added to § 10:

" (4) § 2, § 5 (2) and § 9 in the version of the Federal Law BGBl. I n ° 82/2005 will be 1. Jänner 2006 in force. "

Article 5

Amendment of the Equal Treatment Act

The Equal Treatment Act, BGBl. I n ° 66/2004, shall be amended as follows:

1. In § § 12 (12), 26 (12), 26 (12), 35 (3) and 51 (9) (9) the word shall be "probably" by the word "More Likely" replaced.

2. In accordance with § 15 (3), the following paragraph 4 is added:

" (4) Claims in accordance with § 12, which are also based on the grounds of discrimination of the disability in addition to a grounds of discrimination covered by this Federal Act, can only be made after the prior implementation of a conciliation procedure at the Federal Office for Social and disabled persons are brought to justice. For the assertion of these claims, § § 7k, 7n and 7o Disability of the Disabled Persons Act are applicable, BGBl. No. 22/1970. '

3. In § 22, the term "Workers" by the term "Workers" replaced.

4. In accordance with § 29 (3), the following paragraph 4 is added:

" (4) Claims in accordance with § 26, which, in addition to a ground of discrimination covered by this Federal Act, are also based on the grounds of discrimination of the disability, can only be made after the prior implementation of a conciliation procedure with the Federal Office for Social and disabled persons are brought to justice. For the assertion of these claims, § § 7k, 7n and 7o Disability of the Disabled Persons Act are applicable, BGBl. No. 22/1970. '

5. In accordance with § 35 (3), the following paragraph 4 is added:

" (4) Claims pursuant to para. 1 or 2, which are based both on the grounds of discrimination of ethnicity and on the grounds of discrimination of the disability, may only be carried out after a conciliation procedure has been carried out in advance. Federal Office of Social Affairs and the Disabled are brought to court. § § 10 and 11 of the Federal Disability Equality Act (BGBl) are applicable to the assertion of these claims. No 82/2005. "

6. In § 41, the phrase " provisions of the III. Part " through the phrase " provisions of the IV. Part " replaced.

7. In § 44 (1), after the expression "Sexy" the phrase "or on the basis of a reason referred to in § 43 (2)" inserted.

8. § 44 (2) reads:

" (2) indirect discrimination shall be applied where it appears that neutral rules, criteria or procedures are persons of a particular sex, or persons belonging to an ethnic group, or persons with a particular ethnic group. In a particular way, religion or belief, a particular age or with a particular sexual orientation may be discriminated against in relation to other persons, unless the provisions, criteria or procedures in question are covered by: Legitimate objective and the means of achieving of this objective is appropriate and necessary. "

9. § 48 reads:

" § 48. The specific measures taken by the employer/employer in law, in regulations, in collective redress instruments or in general in general, in order to promote gender equality in professional life, with which disadvantages are prevented or compensated for by reason of the gender or a grounds of discrimination in accordance with § 43 (2), do not constitute discrimination within the meaning of this Act. "

10. In § § 49 (3) and (58) the word order shall be "§ § 17 ff Labour Market Promotion Act" through the phrase "§ § 4 ff Labour Market Promotion Act" replaced.

11. In accordance with § 63 (2), the following paragraph 3 is added:

" (3) § 12 (12), 22, 26 (12), 35 (3), 41, 44 (1) and (2), 48, 49 (3), 51 (9) and 58 in the version of the Federal Law BGBl. I n ° 82/2005 will enter into force on 1 July 2004, § § 15 (4), 29 (4) and 35 (4) in the version of the Federal Law BGBl. I n ° 82/2005 will be 1. Jänner 2006 in force. The laws of execution of § § 41, 44 (1) and (2), 48, 49 (3), 51 (9) and (58) shall be adopted within six months from the date of the customer's notice. "

Article 6

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 ° 66/2004, shall be amended as follows:

1. In accordance with Article 1 (4), the following paragraph 5 is added:

" (5) If, in a request or request addressed to the Equal Treatment Commission, an infringement of the equal treatment bid is claimed exclusively or also on account of discrimination on the basis of a disability, the Commission shall not be responsible for the treatment of this application or of the failure to do so, in the absence of competence. The rejection is the responsibility of the Federal Office of Social Affairs and the Disabled for the implementation of a conciliation procedure in accordance with the provisions of the Federal Disability Equality Act, BGBl. I n ° 82/2005, or the disability employment law, BGBl. N ° 22/1970, and the associated impediment to anti-impediment. '

2. In § 5 (1) the expression "Part I, 2. Section GlBG" by the expression "Part II GlBG" replaced.

3. In § 6 (1) the expression " Part II, 1. Section GlBG " by the expression " Part III, 1. Section GlBG " replaced.

4. In § 10 (1), the following sentence is added:

" The amount of the cost replacement shall be determined by the provisions of the Fees Act 1975 applicable to witnesses/witnesses. The assertion of the cost replacement is exempt from fees and federal administrative charges. "

5. § 16 together with the title is:

" Application of the AVG

§ 16. § § 6 para. 1, 7, 13, 14 to 16 as well as 18 to 22, 32 and 33 as well as-in accordance with § § 12 (12), 26 (12) and 35 (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. 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. "

6. In accordance with Article 21 (8), the following paragraph 9 is added:

" (9) § § 5 (1), 6 (1), 10 (1) and § 16 in the version of the Federal Law BGBl. I n ° 82/2005 enter into force on 1 July 2004, Section 1 (5) in the version of the Federal Law BGBl. I n ° 82/2005 occurs with 1. Jänner 2006 in force. "

Article 7

Amendment of the Federal Equal Treatment Act

The Federal Equal Treatment Act, BGBl. N ° 100/1993, as last amended by the Federal Law BGBl. I n ° 65/2004, shall be amended as follows:

1. In § 20 (1) and (3), the citation shall be "§ 18c" by quoting "§ 18c or § 20b" replaced.

(2) The following paragraph 6 is added to § 20:

" (6) Claims in accordance with § § 17 to 19, which, in addition to a ground of discrimination covered by this Federal Act, are also based on the grounds of discrimination of the handicap, can only be made by the ordinary courts or by the authorities after prior notice. Implementation of a conciliation procedure with the Federal Office for Social Affairs and Disabled Persons is to be invoked. For the assertion of these claims, § § 7k to 7m and 7o of the Act on Disability of Persons with Disabilities, BGBl. No. 22/1970. '

3. In § 20a, the word shall be "probably" by the word "More Likely" replaced.

4. § 23a para. 2 Z 2 reads:

" 2.		each service provider and each service provider, the
a)			any discrimination against it or of any discrimination in accordance with Articles 4 and 5 to 8a, 13 and 14 to 16;
b)			a deprivation in accordance with § 20b or
c)			a violation of the women's promotion offer in accordance with § § 11 and 11b to 11d
		claims, "

5. The following sentence is added to Article 23a (5):

"By way of derogation, an application for a violation of the prohibition of discrimination in accordance with § § 8 and 8a shall be admissible within one year."

6. In § 25 paragraph 2 Z 1 the expression "by the applicant or by the applicant" by the expression "from her or him" replaced.

7. § 25 (2) (2) (2) is:

" 2.		in the case of an appointment to § 8, § 8a or § 16, if all circumstances are weighed down, there is a higher probability that the facts of the truth which have been credibly made by him or her to him correspond to the truth. "

8. In § 47 (12) the expression " BGBl. I No 65/2003 " by the expression " BGBl. I No 65/2004 " replaced.

9. The following paragraph 13 is added to § 47:

" (13) In the version of the Federal Law BGBl. I n ° 82/2005 enter into force:

1.		§ 20 (1) and (3), (20a), § 23a (2) (2) and (5), § 25 (2) (1) and (2) and (§ 47 (12)) with 1 July 2004,
2.		Section 20 (6) with 1. Jänner 2006. "

Fischer

Bowl