Machine Translation of "Equal Treatment Act - Glbg And Amendment Of The Federal Law On The Equal Treatment Of Women And Men In Working Life (Equ..." (Austria)

Equal Treatment Act - Glbg And Amendment Of The Federal Law On The Equal Treatment Of Women And Men In Working Life (Equal Treatment Act)

Original Language Title: Gleichbehandlungsgesetz - GlBG und Änderung des Bundesgesetzes über die Gleichbehandlung von Frau und Mann im Arbeitsleben (Gleichbehandlungsgesetz)

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66. Federal Act establishing a Federal Law on Equal Treatment (Equal Treatment Act-GlBG) and amending the Federal Law on Equal Treatment of Women and Men in Working Life (Equal Treatment Act)

The National Council has decided:

Article 1

Federal Law on Equal Treatment (Equal Treatment Act-GlBG)

table of contents

I. Part

Equal treatment of women and men in the working world

§ 1.	Scope
§ 2.	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
Section 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

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
Section 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.	In-force pedals
§ 64.	Enforcement

I. Part

Equal treatment of women and men in the working world

Scope

§ 1. (1) The provisions of the I. Part shall apply to the sphere of the working world, including:


1.		employment relationships of all kinds, 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 a worker/domestic or employer/organisation or organisation whose members belong to a particular occupational group, including the use of the services of such organisations;
4.		conditions for access to self-employment,
provided that this falls within the regulatory competence of the federal government.

(2) The exclusion of working conditions


1.		the agricultural and forestry workers within the meaning of the Landarbeitsgesetz 1984, BGBl. 287;
2.		to a country, a community association or a municipality;
3.		to the Confederation.

(3) The provisions of the I. Part shall also apply:


1.		for employment relationships, to which the Home Work Act 1960, BGBl. No 105/1961, and
2.		for the employment situation of persons who, without being in employment, work on behalf of and on behalf of certain persons and are to be regarded as worker-like because of economic independence.
The employment relationships according to Z 1 and 2 apply to the scope of application of this Act as employment relationships.

(4) The provisions of the I. Part also apply to the employment of employees who are employed by an employer without a registered office in Austria.


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

Equality

§ 2. The aim of this section is to promote equality between women and men.

Equal treatment in the context of an employment relationship

§ 3. On the basis of sex, in particular with reference to marital or marital status, in connection with an employment relationship no one may be directly or indirectly discriminated against, in particular:


1.		on the basis of the employment relationship,
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.		at the end of the employment relationship.

Equal treatment in the rest of the working world

§ 4. No one shall be discriminated directly or indirectly on grounds of sex, in particular with reference to marital or marital status.


1.		access to vocational guidance, vocational training, continuing vocational training and retraining outside an employment relationship,
2.		in the case of membership and participation in a worker/domestic or employer/organisation or organisation whose members belong to a particular professional group, including the use of the benefits of such organisations organisations,
3.		in the conditions of access to self-employment.

Definitions

§ 5. (1) Direct discrimination shall be deemed to exist if, on the basis of their sex, a person experiences less favourable treatment than another person, has experienced or would be experienced in a comparable situation.

(2) indirect discrimination shall be the case if, according to neutral rules, criteria or procedures, persons belonging to one sex may be discriminated against in a particular manner with respect to persons of the other sex, because the rules, criteria or procedures in question are objectively justified by a legitimate aim and the means are appropriate and necessary to achieve this objective.

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

Sexual harassment

§ 6. (1) Discrimination on the grounds of sex shall also be provided when a person


1.		vom/is sexually harassed by the employer himself,
2.		the employer is discriminated against in that he/she culpably leaves it, in the case of sexual harassment by a third party (Z 3), on the basis of legal provisions, standards of collective redress or of the to provide an appropriate remedy for the contract;
3.		is being harassed by third parties in connection with his/her employment relationship; or
4.		is being harassed by third parties outside of an employment relationship (§ 4).

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


1.		creates an intimidating, hostile or humiliating working environment for the person concerned, 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 a different decision in the world of work.

(3) Discrimination shall also be applied in the case of an instruction to sexual harassment of a person.

Molestation

§ 7. (1) Discrimination on the grounds of sex also occurs when a person is through sex-related behaviours


1.		vom/is being harassed by the employer himself,
2.		is discriminated against by the employer in that he/she owes it culpably, in the case of harassment by third parties (Z 3), a legal stipul, norms of collective redress or the employment contract to remedy the situation,
3.		is being harassed by third parties in connection with his/her employment relationship; or
4.		is being harassed by third parties outside of an employment relationship (§ 4).

(2) Sex-related nuisance occurs when a gender-related behaviour is set which impairs the dignity of a person, is undesirable for the person concerned, and


1.		creates an intimidating, hostile or humiliating working environment for the person concerned, 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 world of work.

(3) Discrimination shall also be provided in the case of an instruction to molestate a person.

Positive action

§ 8. The measures taken by the employer/employer in law, in regulations, in collective redress instruments or in general, 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. The Federal Government may grant support for special expenses incurred by employers in the implementation of such measures.

Offer of gender-neutral job vacancy

§ 9. The employer (s) in accordance with § § 4 ff of the Labour Market Promotion Act (BGBl). No 31/1969, or a legal person in charge of employment services, public law may not issue a workplace publicly or within the establishment (company) only for men or women only, or by third parties , unless a specific sex is an indispensable condition for the exercise of the intended activity. The invitation to tender may not contain any additional comments which may be concluded with a specific gender.

Criminal provisions

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

(2) If, contrary to the provisions of § 9, an employer requires a job only for men or only for women, the lawyer for equal treatment of women and men shall be present at the request of one of the job advertiser/jobseeker in the to warn the working world or a regional lawyer in the first violation of the district administrative authority and to punish them for further infringements with a fine of up to 360 euros.

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

Remuneration Criteria

§ 11. In the regulation of the remuneration criteria, the principle of equal pay for equal work or work, which is recognised as equivalent, must be taken into account in the system of collective redress and collective redress standards, and may not prescribe criteria for the assessment of women's work, on the one hand, and the work of men, on the other hand, which result in discrimination.

Legal consequences of the violation of the equal treatment offer

§ 12. (1) If the employment relationship has not been justified on account of a breach of the equal treatment offer in § 3 Z 1, the employer/employer shall be responsible to the job 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 event of non-discrimination, or
2.		up to 500 Euros if the employer/employer can prove that the damage resulting from the discrimination is only that the consideration of his/her application is refused.

(2) A worker is deemed to be less than a worker for the same work or for a work which is deemed to be equivalent to a worker on account of a breach of the equal treatment offer in Section 3 (2) of the Act of the European Union (Article 3 (2)). other sex, he/she shall be entitled to pay the difference and compensation for the personal impairment suffered by the employer/employer.

(3) In the event of a breach of the equal treatment provision of § 3 Z 3, the employee/employee is entitled to the granting of the allowance or compensation for the loss of property and to compensation for the personal impairment suffered.

(4) In the event of a breach of the equal treatment provision of § 3 Z 4, the employee/employee shall be entitled to include in the corresponding vocational training and further training measures or on compensation for the pecunitive damage and on compensation for the Personal impairment suffered.

(5) If a worker has not ascended to work due to a breach of the equal treatment offer in § 3 Z 5, the employer shall be entitled to compensation for the loss of property and to compensation for the worker's loss or loss of property. undertakes personal impairment. The replacement claim shall be:


1.		the difference in pay for at least three months if the worker (s) in the case of non-discrimination-free choice had risen, or
2.		up to 500 Euros if the employer/employer can prove that the damage caused to the employee by the discrimination is only that the consideration of his/her application is refused.

(6) In the event of a breach of the equal treatment provision of § 3 Z 6, the employee is entitled to the granting of the same working conditions as a worker of the other sex or to the compensation of the pecunitive damage and to the compensation of the loss of property and the right to a worker's rights. Compensation for the personal impairment suffered.

(7) If the employment relationship is terminated or prematurely terminated by the employer/employer on account of the sex of the worker/employee or because of the non-evidently unauthorised assertion of claims under this law (Section 3 (7)), the dismissal or dismissal of the court may be challenged in the court of law.

(8) In the event of a breach of the equal treatment provision of § 4 Z 1, the person concerned shall be entitled to include in the appropriate vocational guidance, training and retraining measures or for compensation of the pecunitive damage and to a Compensation for the personal impairment suffered.

(9) In the event of a breach of the equal treatment provision of § 4 Z 2, the person concerned shall be entitled to membership and participation in the organization concerned and to the benefit of the services of the organization concerned or to the replacement of the Damage to assets and to compensation for the personal impairment suffered.

(10) In the event of a breach of the equal treatment offer of § 4 Z 3, the person concerned shall be entitled to compensation for the loss of the property and compensation for the personal impairment suffered.

(11) In the case of sexual harassment in accordance with § 6 or a sex-related harassment according to § 7, the person concerned shall also be entitled to the employer and to the employer and in the case of § 6 (1) (2) or § 7 (1) (2) (2) of the on the replacement of the damage suffered. To the extent that the disadvantage is not only a loss of property, the person concerned is entitled to compensation for the personal impairment suffered, but at least € 400 in damages, in the case of a sexual person. Nuisance at least to 720 Euro.

(12) In the event of a dispute, the data subject shall be based on a case of discrimination within the meaning of § § 3, 4, 6 or 7, he/she shall make it credible to him. The defendant is obliged to prove, on the basis of § § 3 or 4, that if all circumstances are weighed down, it is probable that another motive credibly made by the defendant/defendant was decisive for the different treatment, or the other sex is an indispensable condition for the activity to be carried out or a reason for justification within the meaning of section 5 (2) is present. On the basis of § § 6 or 7 the defendant is responsible for proving that if all circumstances are weighed down, it is probable that the facts credibly made by the defendant are in accordance with the truth.

Prohibition of discrimination

§ 13. In response to a complaint, a worker may not be dismissed by the employer (s) within the undertaking (s) in question or in the initiation of a procedure for the enforcement of the equal treatment offer. or otherwise be disadvantaged. A worker who acts as a witness/witness or person in a process or who supports a complaint from another employee may also act as a reaction to such a complaint or to the person who is a person who is a witness or a person who is a person who is a person who is a witness or a person who is a person who is a person who is not a member of the public. The introduction of such a procedure for the enforcement of the equal treatment offer is not dismissed, dismissed or otherwise disadvantaged. Section 12 (12) shall apply mutatily.

Support measures

§ 14. The directives on the award of grants by the Federal Government to companies have to provide support only for companies which comply with the provisions of the I. Part.

Time limits for the assertion of claims

§ 15. (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. Notice of termination or dismissal pursuant to § 12 (7) or § 13 shall be required within 14 days from the date of their access to the court. 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, insofar as these rights are not covered by collective agreements concluded after 1 July 2004. other than that.

(2) 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.

(3) If the worker is proven to be


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 worker shall be open for at least three months in order to collect the action. If the original deadline was shorter, then the worker is only open to the worker.

II.Part

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

Scope

§ 16. (1) The provisions of the II. Part applies to the area of the working world, including


1.		employment relationships of all kinds, 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 a worker/domestic or employer/organisation or organisation whose members belong to a particular occupational group, including the use of the services of such organisations;
4.		conditions for access to self-employment,
provided that this falls within the regulatory competence of the federal government.

(2) The exclusion of working conditions


1.		the agricultural and forestry workers within the meaning of the Landarbeitsgesetz 1984, BGBl. 287;
2.		to a country, a community association or a municipality;
3.		to the Confederation.

(3) The provisions of the II. Part shall also apply


1.		for employment relationships, to which the Home Work Act 1960, BGBl. No 105/1961, and
2.		for the employment situation of persons who, without being in employment, work on behalf of and on behalf of certain persons and are to be regarded as worker-like because of economic independence.
The employment relationships according to Z 1 and 2 apply to the scope of application of this Act as employment relationships.

(4) The provisions of the II. Part also applies to the employment of employees who are employed by an employer without a registered office in Austria.


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

Equal treatment in the context of an employment relationship

§ 17. (1) On the basis of ethnicity, religion or belief, age or sexual orientation, no one may be directly or indirectly discriminated against in relation to an employment relationship, in particular:


1.		on the basis of the employment relationship,
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.		at the end of the employment relationship.

(2) Paragraph 1 shall not apply to different treatments on grounds of nationality and to treatment resulting from the legal status of nationals of third States or stateless persons.

Equal treatment in the rest of the working world

§ 18. No one shall be discriminated against directly or indirectly for the reasons mentioned in § 17


1.		access to vocational guidance, vocational training, continuing vocational training and retraining outside an employment relationship,
2.		in the case of membership and participation in a worker/domestic or employer/organisation or organisation whose members belong to a particular professional group, including the use of the benefits of such organisations organisations,
3.		in the conditions of access to self-employment.

Definitions

§ 19. (1) There is direct discrimination if, on the basis of a reason referred to in § 17, a person experiences less favourable treatment in a comparable situation than another person would have experienced, experienced or would be experienced.

(2) indirect discrimination shall be applied where it appears that neutral rules, criteria or procedures are persons belonging to an ethnic group or persons with a particular religion or belief, of a certain age. or with a particular sexual orientation towards other persons, unless the rules, criteria or procedures in question are objectively justified by a legitimate aim and the In order to achieve this objective, resources are appropriate and necessary.

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

Derogations

§ 20. (1) In the case of unequal treatment on account of a feature related to one of the grounds of discrimination referred to in Article 17, there is no discrimination if the characteristic in question is based on the nature of a particular professional activity or the conditions in which they are exercised are an essential and decisive professional condition, and provided that it is a legitimate purpose and an appropriate requirement.

(2) Discrimination on the grounds of religion or belief is related to professional activities within churches or other public or private organisations, the ethos of which is based on religious principles or beliefs , shall not be required if the religion or belief of that person, in the nature of these activities or the circumstances of its exercise, is an essential, legitimate and justified professional requirement in the light of the ethos of the organisation .

(3) Discrimination on the grounds of age does not exist if the difference in treatment


1.		is objective and appropriate,
2.		by a legitimate aim, in particular legitimate employment policy, labour market and vocational training objectives, and
3.		the means of achieving this objective are appropriate and necessary.

(4) Discrimination in accordance with paragraph 3 may include in particular:


1.		the establishment of specific conditions for access to employment and vocational training, as well as special employment and working conditions, including conditions of dismissal and remuneration, in order to facilitate the vocational integration of to promote or protect young people, older workers and persons with caring responsibilities,
2.		laying down minimum requirements for age, professional experience or seniority for access to employment or for certain benefits linked to employment,
3.		the setting of a maximum age for recruitment on the basis of the specific training requirements of a given job or on the grounds of the need for a reasonable period of employment before retirement.

(5) Discrimination on grounds of age shall also not be applied to occupational social security schemes by setting age limits as a condition of membership or the receipt of old-age pensions or benefits. Invalidity, including the establishment of different age limits within the framework of these schemes for certain employees or groups or categories of employees, and the use in the framework of these schemes of age criteria for: actuarial calculations, provided that this does not result in discrimination on grounds of of the sex.

Molestation

§ 21. (1) A discrimination in accordance with § 17 is also available if a person


1.		vom/is being harassed by the employer himself,
2.		is discriminated against by the employer in that he/she owes it culpably, in the case of harassment by third parties (Z 3), a legal stipul, norms of collective redress or the employment contract to remedy the situation,
3.		is being harassed by third parties in connection with his/her employment relationship; or
4.		is harassed by third parties outside of an employment relationship (§ 18).

(2) harassment shall be the case if an undesirable behaviour is set in connection with one of the reasons given in § 17;


1.		that violates the dignity of the person concerned,
2.		which is undesirable, inappropriate or offensive to the person concerned, and
3.		that creates a intimidating, hostile, disgraceful, insulting or humiliating environment for the person concerned.

(3) Discrimination shall also be provided in the case of an instruction to molestate a person.

Positive action

§ 22. 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 due to a ground of discrimination in accordance with § 17, do not constitute discrimination within the meaning of this law.

Offer of non-discriminatory job vacancy

§ 23. The employer (s) in accordance with § § 4 ff of the Labour Market Promotion Act (BGBl). No 31/1969, or a legal person in charge of employment services, public law may not issue a workplace in a discriminatory manner or write out a third party in a discriminatory manner. where, on the basis of the nature of a particular professional activity or the conditions in which they are carried out, the characteristic constitutes an essential and decisive professional requirement, provided that it is a legitimate purpose; and is a reasonable requirement.

Criminal provisions

§ 24. (1) Anyone who writes a job in a discriminatory manner as a work agent in contradistinction to the provisions of § 23 is at the request of a job recruiter/job recruiter, the attorney/lawyer for equal treatment without distinction ethnic origin, religion or belief, age or sexual orientation in the working world or a regional representative/regional representative of the district administrative authority with a fine of up to 360 euros punishing.

(2) Anyone who, as an employer, writes a job in a discriminatory manner contrary to the provisions of § 23, is at the request of a jobseeker/jobseeker, the lawyer/lawyer for equal treatment without distinction of the ethnic origin, religion or belief, age or sexual orientation in the working world, or a regional representative/regional representative in the first violation of the district administration authority, and in the event of further infringements with a fine of up to 360 euros.

(3) In one, at the request of the attorney/lawyer for equal treatment without distinction of ethnicity, religion or belief, age or sexual orientation in the working world or one/a The regional representative/regional representative is the lawyer/lawyer for equal treatment or the regional representative in the party. The lawyer/attorney for equal treatment or the regional representative is entitled to appeal against criminal charges and opposition to criminal proceedings.

Remuneration Criteria

§ 25. In the regulation of the remuneration criteria, the principle of equal pay for equal work or work, which is recognised as equivalent, must be taken into account in the system of collective redress and collective redress standards, and may not prescribe criteria which result in discrimination on grounds of a reason referred to in Article 17.

Legal consequences of the violation of the equal treatment offer

§ 26. (1) If the employment relationship has not been justified on account of a breach of the equal treatment offer in Section 17 (1) (1) (1) (1), the employer/employer shall be entitled to compensation for the loss of property and to compensation for the undertakes personal impairment. The replacement shall be


1.		at least one month's salary if the job advertiser had been awarded the job in the event of non-discrimination, or
2.		up to 500 Euros if the employer/employer can prove that the damage resulting from the discrimination is only that the consideration of his/her application is refused.

(2) In the event of a breach of the principle of equal treatment of Article 17 (1) (2) (2), a worker shall be subject to a lower salary than a worker for equal work or for a work which is recognised as equivalent to a worker, in the case of which discrimination on the grounds of a reason referred to in § 17 does not take place, he/she shall be entitled to payment of the difference and compensation for the personal impairment suffered by the employer/employer.

(3) In the event of a breach of the equal treatment provision of Section 17 (1) (3), the employee/employee is entitled to the granting of the allowance or compensation for the loss of property and to compensation for the personal injury suffered. Impairment.

(4) In the event of a breach of the equal treatment provision of Section 17 (1) (4), the employee is entitled to include in the appropriate training measures in the company or on the compensation of the financial loss and on compensation. for the personal detriment suffered.

(5) If a worker has not ascended to work due to a breach of the equal treatment offer in Article 17 (1) (5), the employer shall be entitled to compensation for the loss of property and to compensation for the loss of the property and the compensation for the loss of the property. the personal detriment suffered. The replacement claim shall be:


1.		the difference in pay for at least three months if the worker (s) in the case of non-discrimination-free choice had risen, or
2.		up to 500 Euros if the employer/employer can prove that the damage caused to the employee by the discrimination is only that the consideration of his/her application is refused.

(6) In the event of a breach of the principle of equal treatment of Section 17 (1) Z 6, the employee shall be entitled to the granting of the same working conditions as a worker, in the case of which discrimination on the grounds of a reason referred to in § 17 does not apply , or to compensation for the loss of property and compensation for the personal impairment suffered.

(7) If the employment relationship has been terminated or terminated prematurely by the employer/employer in respect of a reason referred to in § 17 or because of the non-evidently unauthorised assertion of claims under this law (Section 17 (1) Z). 7), such dismissal or dismissal may be challenged in the Court of First Instance.

(8) In the event of a breach of the equal treatment provision of § 18 Z 1, the person concerned shall be entitled to include in the appropriate vocational guidance, further education and retraining measures or to replace the financial loss and to a Compensation for the personal impairment suffered.

(9) In the event of a breach of the equal treatment provision of § 18 Z 2, the person concerned shall be entitled to membership and participation in the organization concerned, as well as to the benefit of the services of the organization concerned or to the replacement of the Damage to assets and to compensation for the personal impairment suffered.

(10) In the event of a breach of the equal treatment provision of § 18 Z 3, the person concerned shall be entitled to compensation for the loss of the property and compensation for the personal impairment suffered.

(11) In the event of harassment in accordance with § 21, the person concerned shall also be entitled to compensation for the damage suffered in the case of § 21 (1) (2), even with regard to the employer/employer. To the extent that the disadvantage is not only a loss of property, the person concerned shall be entitled to compensation for compensation for the personal impairment suffered, at a minimum, but at least 400 euros.

(12) In so far as in the event of a dispute the data subject is based on a case of discrimination within the meaning of § § 17, 18, or 21, he/she shall make it credible to him. The defendant is obliged to prove, on the basis of § § 17 or 18, that if all circumstances are weighed down, it is probable that another motive credibly made by the defendant/defendant was decisive for the different treatment, or a reason for justification in the sense of § § 19 (2) or (20) is available. On appeal to § 21 it is for the defendant to prove that if all circumstances are weighed down, it is probable that the facts credibly made by the defendant are in accordance with the truth.

Prohibition of discrimination

§ 27. In response to a complaint, a worker may not be dismissed by the employer (s) within the undertaking (s) in question or in the initiation of a procedure for the enforcement of the equal treatment offer. or otherwise be disadvantaged. A worker who acts as a witness/witness or person in a process or who supports a complaint from another employee may also act as a reaction to such a complaint or to the person who is a person who is a witness or a person who is a person who is a person who is a witness or a person who is a person who is a person who is not a member of the public. The introduction of such a procedure for the enforcement of the equal treatment offer is not dismissed, dismissed or otherwise disadvantaged. Section 26 (12) shall apply mutatily.

Support measures

§ 28. The directives on the award of grants by the Federal Government to companies have to be provided only for companies which are subject to the provisions of the II. Keep in mind.

Time limits for the assertion of claims

§ 29. (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 six months. Notice of termination or dismissal pursuant to § 26 (7) or § 27 shall be required within 14 days from the date of their access to the court. For claims pursuant to § 26 (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, insofar as these rights are not covered by collective agreements concluded after 1 July 2004. other than that.

(3) If the worker is proven to be


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 worker shall be open for at least three months in order to collect the action. If the original deadline was shorter, then the worker is only open to the worker.

III. Part

Equal treatment without distinction of ethnic origin in other areas (anti-racism)

Section 1

Scope

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


1.		social protection, including social security and health services,
2.		in the case of social benefits,
3.		in education,
4.		in access to and supply of goods and services available to the public, including housing,
provided that this falls within the immediate regulatory competence of the federal government.

Equal treatment

§ 31. (1) On the basis of ethnicity, no one shall be discriminated against directly or indirectly


1.		social protection, including social security and health services,
2.		in the case of social benefits,
3.		in education,
4.		in access to and supply of goods and services available to the public, including housing.

(2) Paragraph 1 shall not apply to different treatments on grounds of nationality and to treatment resulting from the legal status of nationals of third States or stateless persons.

Definitions

§ 32. (1) There is direct discrimination if, on the basis of their ethnicity, 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 applied where it appears that neutral rules, criteria or procedures may be used in a particular way for persons belonging to an ethnic group to be discriminated against, unless the provisions concerned, Criteria or procedures are objectively justified by a legitimate aim and the means are appropriate and necessary in order to achieve this objective.

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

Positive action

§ 33. The measures taken in law, in regulations or in any other way to promote equality, which prevent or compensate for disadvantages caused by ethnicity, shall not be considered as discrimination in the The meaning of this law.

Molestation

§ 34. (1) Unsolicable, inappropriate or offensive behaviour related to the ethnicity of a person, and for the purpose or effect of such behaviour;


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 shall also be applied in the case of a statement of harassment of a person as referred to in paragraph 1.

" Legal Consequences of the Violation of the Equal Treatment Bid

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

(2) In the event of a harassment pursuant to § 34, 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, at a minimum, but at least 400 euros.

(3) In so far as in the event of a dispute the data subject is based on a status of discrimination within the meaning of § § 31 or 34, he/she shall make it credible to him. The defendant shall be obliged to prove, on the basis of § 31, that if all circumstances are weighed down, it is 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. The reason for the right of justification in the sense of section 32 (2) is present. In the case of appeal to § 34, it is for the defendant to prove that, if all circumstances are weighed, it is probable that the facts credibly made by the defendant/defendant correspond to the truth.

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. Section 35 (3) shall apply mutatily.

Support measures

§ 37. The directives on the award of grants by the Federal Government to natural or legal persons shall only provide for funding for natural or legal persons who are responsible for the provisions of the III. Keep in mind.

Section 2

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

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

Scope

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


1.		social protection, including social security and health services,
2.		in the case of social benefits,
3.		in education,
4.		in access to and supply of goods and services available to the public, including housing,
insofar as this falls within the basic legislative competence of the federal government.

Equal treatment, definitions, legal consequences

§ 39. § § 31 to 36 shall apply.

Obligation to establish or designate an independent body

§ 40. In order to promote the implementation of the principle of equal treatment of all persons without discrimination on grounds of ethnicity, national legislation shall establish or designate a body which shall comply with the requirements of Article 13 Council Directive 2000 /43/EC of 29 June 2000 on the application of the principle of equal treatment between persons irrespective of racial or ethnic origin, OJ L 200, 30.6.2000, p. No. OJ L 180 of 19 July 2000 S 22.

IV. Part

Principles governing equal treatment in working life in agriculture and forestry

In accordance with Article 12 (1) Z 6 of the Federal Constitutional Law, the following principles are set up for the regulation of equal treatment in working life in agriculture and forestry:

Scope

§ 41. The provisions of the III. Part applies to employment relationships of agricultural and forestry workers within the meaning of the Landarbeitsgesetz 1984, BGBl. No. 287.

Equality

§ 42. The aim is to promote equality between women and men and to reduce other forms of discrimination.

Equal treatment

§ 43. (1) On the basis of sex, in particular with reference to marital status and marital status, no one may be directly or indirectly discriminated against in relation to an employment relationship, in particular:


1.		on the basis of the employment relationship,
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.		at the end of the employment relationship.

(2) On the basis of ethnicity, religion or belief, age or sexual orientation, no one may be directly or indirectly discriminated against in relation to an employment relationship, in particular:


1.		on the basis of the employment relationship,
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.		at the end of the employment relationship.

(3) Paragraph 2 does not apply to different treatment on grounds of nationality and to a treatment resulting from the legal status of nationals of third States or stateless persons

Definitions

§ 44. (1) Direct discrimination shall be deemed to exist if, on the basis of their sex, a person experiences less favourable treatment than another person, has experienced or would be experienced in a comparable situation.

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

Derogations

§ 45. (1) In the case of unequal treatment on account of a feature which relates to one of the grounds for discrimination referred to in Article 43 (2), there is no discrimination if the characteristic in question is based on the nature of a particular professional The activity or the framework of its exercise is an essential and decisive professional condition and, if it is a legitimate purpose and an appropriate requirement.

(3) Discrimination on the grounds of age does not exist if the difference in treatment


1.		is objective and appropriate,
2.		is justified by a legitimate aim, in particular legitimate objectives in the fields of employment policy, labour market and vocational training, and
3.		the means of achieving this objective are appropriate and necessary.

(4) Discrimination in accordance with paragraph 3 may include in particular:


1.		the establishment of specific conditions for access to employment and vocational training, as well as special employment and working conditions, including conditions of dismissal and remuneration, in order to facilitate the vocational integration of to promote or protect young people, older workers and persons with caring responsibilities,
2.		laying down minimum requirements for age, professional experience or seniority for access to employment or for certain benefits linked to employment,
3.		the setting of a maximum age for recruitment on the basis of the specific training requirements of a given job or on the grounds of the need for a reasonable period of employment before retirement.

Sexual harassment

§ 46. (1) Discrimination on the grounds of sex shall also be provided when a person


1.		vom/is sexually harassed by the employer himself,
2.		the employer is discriminated against in that he/she culpably leaves it, in the case of sexual harassment by a third party (Z 3), on the basis of legal provisions, standards of collective redress or of the to provide an appropriate remedy, or
3.		is being harassed by third parties in connection with his/her employment relationship.

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


1.		creates an intimidating, hostile or humiliating working environment for the person concerned, 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 a different decision in the world of work.

(3) Discrimination shall also be applied in the case of an instruction to sexual harassment of a person.

Molestation

§ 47. (1) Discrimination also occurs when a person in the world of work is related to a sex-related conduct or conduct related to one of the reasons pursuant to section 43 (2).


1.		vom/is being harassed by the employer himself,
2.		is discriminated against by the employer in that he/she shall not be liable to the employer, in the event of harassment by a third party, if he/she is liable for any legal provisions, standards of collective redress or the employment contract To remedy the situation, or
3.		is being harassed by third parties in connection with his/her employment relationship.

(2) harassment shall be the case if a gender-related conduct or conduct related to one of the reasons in section 43 (2) is set, which affects the dignity of a person, is undesirable for the person concerned, and


1.		creates an intimidating, hostile or humiliating working environment for the person concerned, 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.

(3) Discrimination shall also be provided in the case of an instruction to molestate a person.

Positive action

§ 48. The measures taken by the employer/employer in law, in regulations, in collective redress instruments or in general, 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, shall not be deemed to constitute discrimination within the meaning of this Act.

Offer of gender-neutral and non-discriminatory job vacancy

§ 49. (1) The employer may not issue a workplace publicly or within the establishment (company) only for men or women only, or be allowed to be written by third parties, unless a particular sex is an indispensable condition for the exercise of the proposed activity. The invitation to tender may not contain any additional comments which may be concluded with a specific gender.

(2) The employer may not issue a workplace publicly or within the establishment (company) in any other discriminatory manner or may have it written out by third parties, unless the relevant characteristic is established on the basis of the The nature of a particular professional activity or of the conditions in which it is carried out is an essential and decisive professional requirement, provided that it is a legitimate purpose and an appropriate requirement.

(3) The requirement of the gender-neutral and non-discriminatory vacancy notice is directed in the same way to private employment agencies according to § § 17ff Labour Market Promotion Act and to legal entities responsible for the placement of employment services. Persons public law.

Remuneration Criteria

§ 50. In the regulation of the remuneration criteria, the principle of equal pay for equal work or work, which is recognised as equivalent, must be taken into account in the system of collective redress and collective redress standards, and may not prescribe criteria for the assessment of women's work, on the one hand, and the work of men, on the other hand, which result in discrimination, or prescribe criteria that result in discrimination on the grounds of one of the provisions of section 43 (2) is the reason for this.

Legal consequences of the violation of the equal treatment offer

§ 51. (1) If the employment relationship has not been established because of the violation of the equal treatment offer in § 43 (1) (1) (1) or (2) (1) (1), the employer/employer shall be deemed to be a substitute for the asset and for the compensation of the asset. an indemnation for the personal impairment suffered. The replacement shall be


1.		at least one month's salary if the job advertiser had been awarded the job in the event of non-discrimination, or
2.		up to 500 Euros if the employer/employer can prove that the damage resulting from the discrimination is only that the consideration of his/her application is refused.

(2) A worker is deemed to have a lower pay for equal work or for a work that is recognised as equivalent, for breach of the equal treatment offer of § 43 (1) (2) (2) or (2) (2) (2) of the Act. as a worker of the other sex or a lower salary than a worker in which discrimination on the grounds of a reason referred to in § 43 (2) does not take place, he/she shall be entitled to the employer/employer on payment of the difference and compensation for the personal Impairment.

(3) In the event of a breach of the right of equal treatment of Section 43 (1) (3) or 43 (2) (3), the worker (s) shall be entitled to the granting of the allowance or compensation for the loss of property and to compensation for the suffered. personal impairment.

(4) In the event of a breach of the equal treatment provision of § 43 (1) Z 4 or § 43 (2) (4), the employee is entitled to include in the corresponding company training and further training measures or on compensation of the property damage and compensation for the personal detriment suffered.

(5) If a worker has not ascended to a professional person in the event of a breach of the equal treatment offer in Section 43 (1) (5) or (43) (2) (5), the employer shall be responsible for the compensation of the worker (s) in relation to the worker (s) and to the person (s) of the employee. an indemnation for the personal impairment suffered. The replacement claim shall be:


1.		the difference in pay for at least three months if the worker (s) in the case of non-discrimination-free choice had risen, or
2.		up to 500 Euros if the employer/employer can prove that the damage caused to the employee by the discrimination is only that the consideration of his/her application is refused.

(6) In the event of a breach of the equal treatment provision of section 43 (1) Z 6 or section 43 (2) Z 6, the employee/employee shall be entitled to the granting of the same working conditions as a worker of the other sex or as a worker. A worker who does not discriminate on the grounds of a reason referred to in Article 43 (2), or compensation for the loss of property and compensation for the personal impairment suffered.

(7) If the employment relationship is vom/from the employer because of the sex of the worker/employee or because of a reason referred to in § 43 (2) or because of the apparently non-unauthorised assertion of claims under this If the law has been terminated or terminated prematurely (Section 43 (1) (7) or section 43 (2) (7)), the dismissal or dismissal may be appealed to the Court of First Instance.

(8) In the case of sexual harassment pursuant to § 46 or a harassment pursuant to § 47, the employee shall also be entitled to a replacement for the employer in relation to the person who is being harassed and in the case of section 46 (1) (2) (2) or (47) (1) (2) of this Article. any damage suffered. To the extent that the disadvantage is not only a loss of property, the employee is entitled to compensation for the personal impairment suffered, but at least € 400 in damages, in the case of a sexual Harassing at least EUR 720 damages.

(9) In so far as in the event of a dispute the data subject is based on a case of discrimination within the meaning of § § 43, 46, or 47, he/she shall make it credible to him. The defendant shall be obliged to prove, on the basis of § 43, that if all circumstances are weighed down, it is 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. Other sex is an indispensable condition for the activity to be performed or a reason for justification within the meaning of § § 44 (2) or (45) is available. If the defendant is appointed to § § 46 or 47, it is for the defendant to prove that if all circumstances are weighed down, it is probable that the facts credibly made by the defendant are in accordance with the truth.

Prohibition of discrimination

§ 52. In response to a complaint, a worker may not be dismissed by the employer (s) within the undertaking (s) in question or in the initiation of a procedure for the enforcement of the equal treatment offer. or otherwise be disadvantaged. A worker who acts as a witness/witness or person in a process, or who supports a complaint from another employee, may also act as a response to a complaint or to the Initiation of a procedure for the enforcement of the equal treatment offer shall not be dismissed, terminated or otherwise penalised. Section 51 (9) shall apply mutatily.

Tasks of a Equal Treatment Commission

§ 53. (1) In so far as the national legislation provides for an equal treatment commission, the latter has to deal with all questions concerning discrimination within the meaning of sections 43 to 47 of this Act.

(2) The Commission may report on questions relating to discrimination within the meaning of sections 43 to 47. Opinions shall be reimbursed, in particular in the event of a breach of the principle of equal treatment, by means of collective redress arrangements.

§ 54. (1) The Commission may, on a case-by-case basis, examine whether there has been a breach of the equal treatment offer. If the Commission finds a breach of the equal treatment offer, it may notify the employer/employer thereof and ask him/her to end the discrimination.

(2) Land legislation shall have to provide that the worker has the right to participate in proceedings before the Commission by a person of his/her trust, in particular a representative or a representative of the interests or a representative of a person who is a representative of the Member State of the Union. non-governmental organisation; furthermore, that the Commission, at the request of the employee/employee, has to be a representative of a non-governmental organisation which has been repudiated by that person as an information person and the Commission shall at the same time be responsible for the initiation of the respective Individual case examination of this application right has to be expressly provided.

(3) If the employer/employer does not comply with the Commission's request pursuant to paragraph 1, the competent collective contractual bodies or the lawyer for equal treatment or a person responsible for equal treatment may be entitled to the judicial authority. Determination of the violation of the equal treatment offer.

(4) In the event of a presumption of the breach of the equal treatment provision, the Commission may ask the employer/employer for the reimbursement of a written report. The report shall contain all the information necessary to assess compliance with the equal treatment supply.

Advocate for Equal Treatment; Equal Treatment Officer

§ 55. (1) Where national legislation provides that the Equal Treatment Commission is a member of a lawyer for equal treatment or a person responsible for equal treatment, the latter shall be responsible for providing advice and assistance to the Commission. Persons who feel discriminated against within the meaning of this law. The country's legislation can also name these institutions differently.

(2) The employer, the works council and all employees of the undertaking concerned must be obliged by the national legislation, a lawyer for equal treatment or an equal treatment officer who is responsible for carrying out the work. to provide the necessary information for their tasks.

(3) If a lawyer for equal treatment or a person responsible for equal treatment has the presumption of non-compliance with the equal treatment offer and the Commission makes the alleged circumstances credible, the Commission shall, on its own initiative, have: Procedure.

(4) Land legislation must provide that a lawyer for equal treatment or an equal treatment officer is entitled, on behalf of the Commission, to enter the company's premises, to inspect the documents of the establishments and copies or clearings of the documents.

(5) Land legislation must provide that a lawyer for equal treatment or an equal treatment officer should consult the works council for the purposes of participation in the investigation.

Publication

§ 56. National legislation may provide for the Commission to publish its opinions and final judgments concerning infringements of the equal treatment provision in a public institution of the country. This publication may also be provided by the employer in the event of failure to comply with the request pursuant to Section 54 (3).

Obligation to provide information

§ 57. The employer and all employees of the establishments concerned shall be obliged by the national legislation to provide an equal treatment commission with the information necessary for the performance of their tasks.

Criminal provisions

§ 58. The implementing legislation has to determine that job vacancies are contrary to the statutory provisions of § 49 by private employment intermediaries in accordance with § § 17ff Labour Market Assistance Act or by means of Legal persons in charge of employment services in public law or by an employer from the district administrative authority at the request of the job advertiser/jobseeker or the lawyer for equal treatment or one/a Equal treatment officer, provided that such action is carried out by National legislation is to be punished with a fine. The level of this is to be determined by the implementing legislation.

V. Part

Final provisions

References

§ 59. Insofar as other federal laws are referred to in this Federal Act, these are to be applied in the respectively applicable version.

Laying down the law

§ 60. Every employer has to place an imprint of this federal law in operation at the appropriate place which is easily accessible for the employees or the employee by means of a different data carrier, including the reading device, by means of: to make appropriate electronic data processing available or accessible through appropriate means of telecommunication.

Legal justification of the court

§ 61. In a court proceedings for breach of the equal treatment bid, the court has to deal with an opinion or an outcome of the examination of the Equal Treatment Commission on a case-by-case basis and to give reasons for a judgment which deviates from that.

Secondary intervention

§ 62. The Association for the Enforcement of the Rights of Discrimination victims can, if required by a person concerned, join a legal dispute concerning the enforcement of claims under this Federal Act as a secondary intervener (§ § 17 to 19 ZPO).

In-force pedals

§ 63. (1) This federal law shall enter into force on 1 July 2004.

(2) The implementing laws of the Länder to those in the III. Part, Part 2 and IV. Part of the regulated principles shall be adopted within six months from the date of the customer's notice.

Enforcement

§ 64. (1) With the enforcement of this federal law are entrusted


1.		as regards § § 14, 28 and 37 of the Federal Minister responsible for the funding,
2.		with regard to § § 61 and 62 of the Federal Minister for Justice,
3.		in addition to the Federal Minister for Economic Affairs and Labour.

(2) With the exercise of the Federal Government pursuant to Art. 15 (8) B-VG with regard to III. Part, 2nd Section, the rights to which the Federal Minister is responsible for the economy and work. With the perception of the federal government in accordance with Art. 15 (8) B-VG with regard to the IV. The Federal Minister of Economics and Labour is responsible for the rights of the Federal Minister for Justice, the Federal Minister for Justice and the Federal Minister of Justice, as regards Section 54 (3) of the Federal Minister for Justice.

Article 2

Amendment of the Federal Law on Equal Treatment of Women and Men in Working Life

The Federal Law on Equal Treatment of Women and Men in Work (Equal Treatment Act), BGBl. No. 108/1979, in the version of the Federal Law BGBl. I n ° 129/2001, is amended as follows:

1. The Title Federal law on equal treatment of women and men in working life (Equal Treatment Act) shall be replaced by the title Federal Law on the Equal Treatment Commission and the Equal Treatment Prosecution-GBK/GAW Act replaced.

2. The heading " I. Part " No.

§ § § 1 to 9 together with headings are:

" Equal Treatment Commission

§ 1. (1) A Equal Treatment Commission (GBK) is to be established at the Federal Ministry of Health and Women.

(2) The Equal Treatment Commission shall consist of three senates. The Senate is responsible for the following areas:


1.		Senat I for equal treatment of women and men in the working world (Part I of the Equal Treatment Act-GlBG, BGBl. I n ° 66/2004);
2.		Senat II for equal treatment without distinction of ethnicity, religion or belief, age or sexual orientation in the world of work (Part II GlBG);
3.		Senate III for equal treatment without distinction of ethnicity in other areas (Part III, 1. Section GlBG).

(3) Subject to a case of equal treatment between women and men in the world of work and equal treatment between persons irrespective of ethnicity, religion or belief, which is to be treated by the Equal Treatment Commission, of age or sexual orientation in the working world, Senat I is responsible. It also applied the provisions on equal treatment without distinction of ethnicity, religion or belief, age or sexual orientation in the working world (Part II GlBG).

(4) The Chairman of the Senates I has to coordinate the activities of the Equal Treatment Commission.

Composition of the Senate

§ 2. (1) Each Senate shall be composed of the Chairperson and other members.

(2) To be members of the Senate I as further members:


1.		two members, who shall be sent by the Austrian Chamber of Commerce;
2.		two members who shall be sent by the Federal Chamber of Workers and Employees;
3.		two members who shall be sent by the Association of the Austrian Industry;
4.		two members who are to be sent by the Austrian Trade Union Confederation;
5.		a member appointed by the Federal Chancellors;
6.		a member appointed by the Federal Minister for Health and Women;
7.		a member appointed by the Federal Minister for Economic Affairs and Labour.

(3) The Senat II should be included as additional members:


1.		two members, who shall be sent by the Austrian Chamber of Commerce;
2.		two members who shall be sent by the Federal Chamber of Workers and Employees;
3.		two members who shall be sent by the Association of the Austrian Industry;
4.		two members who are to be sent by the Austrian Trade Union Confederation;
5.		a member appointed by the Federal Chancellors;
6.		a member appointed by the Federal Minister for Economic Affairs and Labour.

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


1.		two members, who shall be sent by the Austrian Chamber of Commerce;
2.		two members who shall be sent by the Federal Chamber of Workers and Employees;
3.		a member appointed by the Federal Minister for Education, Science and Culture;
4.		a member appointed by the Federal Chancellors;
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 Security, Generations and Consumer Protection;
8.		a member appointed by the Federal Minister for Economic Affairs and Labour.

(5) In the course of the deliberations of a Senate, the funding guidelines or funding measures of a Federal Ministry shall be included as an additional member of the relevant Federal Ministry.

(6) The Presidency has in each case one member of the Federal Minister for Health and Women in charge of the Federal Government. A further member of the Federal Government shall, if necessary, be entrusted in the same way with the Vice-President for the Federal Government entrusted with the Presidency/responsible. Before the chairing of the chairmen of the Senate, the respective representative of the interest groups entitled to the right of withdrawal must be heard.

(7) At least one substitute member shall be sent for each other member of the Senate. to order. The length of the members and their spare members shall be four years. Re-dispatch or Reorder is allowed. In the event of a waiver, revocation of the posting or order, gross violation or permanent neglect of the duties, the members and/or Spare members vom/from the Federal Minister for Health and Women before the end of the functional period from their function to contain. In case of need, a senate shall be sent by new consignments or To supplement new orders for the rest of the functional period. Where the right of de-shipment or the right to order is not exercised within two months of the request, the Federal Minister for Health and Women shall have the members concerned, respectively. To order spare members.

(8) The members and their substitutes who are members of an interest group shall, before their function, have the chairperson/chairperson the conscientious and impartial pursuit of their duties.

(9) Each of the bodies sending or ordering two members shall at least send or order a woman as a member. At least 50% women are to be taken into account when sending or ordering their replacement members. Each of the federal ministries, who appoint a member, is to appoint at least one woman as a member or a substitute member.

The Office for Equal Treatment

§ 3. (1) The Federal Ministry of Health and Women's Office for Equal Treatment (Equal Treatment Prosecution-GAW) is responsible for establishing a legal basis for equal treatment.

(2) The Office for Equal Treatment shall consist of:


1.		the lawyer for equal treatment of women and men in the working world (Part I GlBG);
2.		The lawyer/attorney for equal treatment without distinction of ethnicity, religion or belief, age or sexual orientation in the working world (Part II GlBG);
3.		The lawyer/attorney for equal treatment without distinction of ethnicity in other areas (Part III, 1. Section GlBG);
4.		regional counsel and regional representative;
5.		the required substitutes for the persons referred to in Z 1 to 4;
6.		of the required number of employees.

(3) The lawyer for equal treatment of women and men in the working world has to coordinate the activities of the Office for Equal Treatment.

(4) The Office for Equal Treatment is responsible for providing advice and assistance to persons who feel discriminated against in the sense of the GlBG. For this purpose, it can hold office hours and office days throughout the federal territory.

(5) The Office for Equal Treatment may carry out independent investigations into the subject of discrimination, publish independent reports and make recommendations on all issues affecting discrimination.

(6) The lawyer for equal treatment of women and men in the working world, the lawyer/lawyer for equal treatment without distinction of ethnic origin, religion or belief, age or sexual Orientation in the working world as well as the lawyer/lawyer for equal treatment without distinction of ethnicity in other areas as well as their deputists are after hearing the right of the right to be paid. Representations of interest from the Federal Minister for Health and Women order. The Federal Minister for Health and Women has to entrust the federal staff with these functions.

(7) The functions according to paragraph 2 Z 1 to 5 rest


1.	from the initiation of disciplinary proceedings until the final conclusion of the disciplinary proceedings and
2.	during the period
a)		the suspension,
b)		the non-service position,
c)		a period of grace or a holiday of more than three months; and
d)		the performance of the presence or training or civil service.

(8) The functions referred to in paragraph 2 (1) to (5) shall end


1.		with the final imposition of a disciplinary penalty,
2.		with the movement abroad,
3.		with the withdrawal from the Federal Service,
4.		by waiving.

(9) The Federal Minister for Health and Women has the attorney for equal treatment of women and men in the working world, the lawyer/lawyer for equal treatment without distinction of ethnicity, religion or the world view, age or sexual orientation in the working world, the lawyer/lawyer for equal treatment without distinction of ethnicity in other areas, as well as their substitutes and the To include regional counsel and regional representatives of their function, if: These


1.		can no longer carry out their duties on health grounds, or
2.		the official duties of which they have been grossly violated, or have been permanently neglected.

(10) The members of the Office for equal treatment referred to in paragraph 2 (2) (1) to (5) shall be entitled to attend the meetings of the Senate of the Equal Treatment Commission and its working committees in the matters relating to their scope of action In the Upon request, they shall be given the floor.

(11) The substitutes under Section 2 (2) (5) shall have the same rights and obligations as members of the equal treatment attorney whose representation they are responsible for.

Lawyer for the equal treatment of women and men in the working world

§ 4. (1) The lawyer for the equal treatment of women and men in the working world is responsible for advising and supporting persons who feel discriminated against in the sense of Part I GlBG. It shall be self-employed and independent in the exercise of this activity.

(2) The lawyer may, if necessary, ask the employer to submit a written statement on the basis of a 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 holding concerned. They shall be obliged to provide the attorney with the information necessary for carrying out their duties.

(3) If the attorney suspects the non-compliance with the equal treatment offer and makes the alleged circumstance credible to the Senate, the Senate has to initiate proceedings in accordance with § 11 or § 12. The Senate has to deal with a case presented by the lawyer at its next meeting, but no later than within one month.

(4) The senate may commission the lawyer to carry out the investigation. On behalf of the Senate, the lawyer can enter the operating rooms and inspect the documents of the holdings. Upon request, their copies or copies thereof shall be made available to them or extracts thereof. In the course of her investigation, the lawyer has to use the works council for participation. Before visiting a company, the employer/employer must be informed in a timely manner that this person or one of his/her namese-made persons can take part in the visit.

(5) If the decision of the senate in a case presented by the lawyer or regional lawyer does not cover the opinion of the senate, § 12 para. 5 shall apply.

Lawyer/lawyer for equal treatment without distinction between ethnicity, religion or belief, age or sexual orientation in the working world

§ 5. (1) The lawyer/lawyer for equal treatment without distinction of ethnicity, religion or belief, age or sexual orientation in the working world shall be responsible for providing advice and assistance to: Persons who feel discriminated against within the meaning of Part I, Section 2 of the GlBG. He/she is self-employed and independent in the exercise of this activity.

(2) The attorney/lawyer may, if necessary, ask the employer or the organisation concerned to submit a written statement on the basis of a alleged breach of the equal treatment offer. He/she may also obtain further information from/from the employer or the organisation, the works council or the employees of the holding concerned. They are obliged to provide the attorney/attorney with the information necessary for the performance of his/her duties.

(3) If the attorney/lawyer suspects the non-compliance with the equal treatment offer and makes the alleged circumstances credible to the Senate, the Senate has to initiate proceedings in accordance with § 11 or § 12 of the Office. The Senate has to deal with a case submitted by the attorney/lawyer at its next meeting, but no later than within one month.

(4) The senate may commission the attorney/attorney with the execution of the investigative activity. On behalf of the Senate, the attorney/attorney can enter the company's premises and inspect the documents of the companies. On request, you can make your copies or copies of these documents or extracts thereof available to you. The attorney/lawyer has to use his/her investigative work to bring the works council to participate in the work. Before visiting a company, the employer/employer shall be notified in such a timely manner that this person or a person named by him/her can take part in the survey.

(5) If the decision of the senate in a case presented by the lawyer/attorney or regional representative is not covered by the decision of the senate, § 12 para. 5 shall apply.

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

§ 6. (1) The lawyer/lawyer for equal treatment without distinction of ethnicity in other fields shall be responsible for providing advice and assistance to persons who are referred to in Part II, 1. Section GlBG feel discriminated against. He/she is self-employed and independent in the exercise of this activity.

(2) The attorney/lawyer may, if necessary, obtain information on the basis of an alleged violation of the equal treatment. The respondents are obliged to provide the attorney/attorney with the information necessary for the performance of his/her duties.

(3) If the attorney/lawyer suspects the non-compliance with the equal treatment offer and makes the alleged circumstances credible to the Senate, the Senate has to initiate proceedings in accordance with § 11 or 12 of its own motion. The Senate has to deal with a case submitted by the attorney/lawyer at its next meeting, but no later than within one month.

(4) The senate may commission the attorney/attorney with the execution of the investigative activity.

(5) If the decision of the senate in a case presented by the lawyer/attorney or regional representative is not covered by the decision of the senate, § 12 para. 5 shall apply.

Regional offices

§ 7. (1) If it is necessary to improve the consultation and support of persons in matters of equal treatment within the meaning of this Federal Law, the Federal Minister for Health and Women in the countries may be regional offices of the lawyer for equal treatment of women and men in the world of work, as well as other regional offices of the Office for Equal Treatment by Regulation, and regional representatives (if necessary alternates) as heads of the Order regional offices. The regional representatives in the field of equal treatment of women and men in the working world are called regional lawyers. The Regulation should specify the local area of action of the regional offices. Within the scope of this area of action, the regional representative can hold office hours and speaking days for the purpose of fulfilling the tasks.

(2) The regional offices shall carry out the following tasks:


1.		the provision of advice and assistance to persons who feel discriminated against in the spirit of the GlBG;
2.		the collection of written statements and information pursuant to § § 4 (2), 5 (2) and 6 (2) on behalf of the responsible member of the Office for Equal Treatment. In such cases, the obligation to provide information is also available to the regional representative (s);
3.		the execution of investigative activities in accordance with § § 4 (4), 5 (4) and § 6 (4) on behalf of the relevant Senate of the Equal Treatment Commission;
4.		the application to the district administrative authority in accordance with § § 9 and 23 of the GlBG;
5.		the request to the Equal Treatment Commission pursuant to Sections 4 (3), 5 (3) and 6 (3) for the initiation of proceedings by the Office of the Equal Treatment.

Duties of the Senate of the Equal Treatment Commission

§ 8. The Senate of the Equal Treatment Commission (Equal Treatment Commission) has to deal with all issues affecting discrimination in its area of competence (§ 1) and with violations of the observance of the equal treatment of the necessary rules for the promotion of funding.

Rules of

§ 9. The Rules of Procedure of the Senate and its committees are to be dealt with in greater detail by means of a regulation of the Federal Minister for Health and Women's Affairs. "

4. § 10 para. 1 second sentence reads:

" You are entitled to the replacement of the necessary travel and subsisting costs; the same applies to the representatives of the collective agreement parties and to the other experts (§ § 11 (2) and 14 (4)) with the exception of those experts who have written written Create expert reports on behalf of the Commission. "

5. In Section 10 (2), the expression "Employer" by the expression "Employers/Employers" and the parenthesis "(§ 8)" by the parenthesis expression "(§ 15)" replaced.

6. In Section 10 (3), the expression "Representative" by the expression "Representatives" replaced.

§ § 10a to 10d with headings as well as the previous II. Part relating to the principles laid down in Article 12 (1) Z 6 B-VG for the provision of equal treatment for women and men in working life in the agriculture and forestry sector.

8. § § 11 to 16 together with the headings:

" Opinion

§ 11. (1) At the request of one of the advocacy groups represented in the relevant Senate of the Commission, at the request of the lawyer for equal treatment of women and men in the working world, a regional lawyer, the lawyer/lawyer for the Equal treatment according to § 5 or § 6, of a regional representative/regional representative or of its own motion, the senate addressed to it has to report in particular on questions relating to the violation of the equal treatment offer.

(2) Where an opinion to be drawn up in accordance with paragraph 1 relates to discrimination in collective redress arrangements, the receiving Senate may, in preparation of the decision-making procedure, form a working committee to which, in addition to the chairman, a committee may be appointed Member of the interest groups represented in the respective senate. Representatives of the respective collective agreement parties shall be included in the deliberations. Section 14 (2) to (5) shall apply mutatily.

(3) The opinion of the Senate is to be made available free of charge by the Equal Treatment Commission, but in an anonymised form on the homepage of the Federal Ministry of Health and Women's website.

Single Case Review

§ 12. (1) At the request of one employee, one employer/employer, an works council, one of the representations of interests represented in the relevant Senate of the Commission, one/one of discrimination within the meaning of the III. Part, 1. Section, GlBG concerned, at the request of the lawyer for equal treatment of women and men in the working world, a regional lawyer, the lawyer/attorney for equal treatment according to § 5 or § 6, one/one The regional representative/regional representative or, on its own behalf, the senate concerned has to consider in individual cases whether there is a violation of the equal treatment offer.

(2) The worker (s) in or on the basis of discrimination within the meaning of the III. Part, 1. Section GlBG Affected person has the right to be represented by a person of their trust, in particular a representative of an interest representation or a non-governmental organisation, in the proceedings before the Commission. The Senate has, at the request of the employee/employee, or of the discrimination within the meaning of the III. Part, 1. Section GlBG subject to the participation of a representative of a non-governmental organisation, which has been repudiated by this person, in accordance with Section 14 (4) of this Regulation. At the same time, the Senate has the right to explicitly lecture the employee or the person concerned with the initiation of the individual case examination on this application right.

(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 GlBG responsible in writing to submit a proposal for equal treatment and to call on him/her to end the discrimination.

(4) If an order pursuant to paragraph 3 is not complied with, any representative represented in the respective Senate may complain to the relevant working court or civil court for the determination of the violation of the equal treatment bid. The expiry of the statutory limitation period as well as collective contractual expiration periods shall be inhibited until the end of the month following the entry of the legal force of such verdicts.

(5) In one, at the request of the lawyer for equal treatment of women and men in the working world, the lawyer/lawyer for equal treatment according to § 5 or § 6, the regional lawyer or a regional representative/regional representative In accordance with paragraph 4, the lawyer for equal treatment, the lawyer/lawyer for equal treatment pursuant to § 5 or § 6, the regional lawyer or the regional representative (s), shall also be entitled to the right of appeal, the action only being subject to the following: Consent of the worker (s) or the person concerned may be introduced.

(6) The Senate has legally binding court decisions within the meaning of para. 4 and 5, which establish violations of the equal treatment offer, in full text, but in an anonymized form on the homepage of the Federal Ministry of Health and Women free of charge.

Obligation to report

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


1.		in cases of equal treatment in relation to an employment relationship of the employer or in cases relating to any other discrimination in the working world of the presumed person responsible for the alleged discrimination,
2.		in cases referred to in the III. Part, 1. Section GlBG of the presumed discrimination presumed to be responsible for the alleged discrimination
submit a written report to the Commission on request. Where such a report is required by the employer, he/she shall have a comparison of the activities covered by the presumption of the alleged non-compliance with the equal treatment offer by the numerical breakdown of the Conditions of employment, training and further education, promotion opportunities and the duration of employment and the nature of the termination of employment relationships between women and men, or in relation to another alleged discriminatory Feature to enable. Where necessary, the report shall also provide information on the relationship between training and further education and career development opportunities. If such a report is to be found in the case of discrimination in accordance with Part III, 1. Section GlBG of the person presumed to be responsible for this, he/she has to present in detail and in detail all the circumstances of the case from his/her point of view.

(2) Such a report may be required in the event of a breach of the equal treatment bid established by the Senate for one or more subsequent years.

(3) The Commission may, on the basis of the reports, draw up opinions (§ 11) on the implementation of the equal treatment offer in operation.

(4) If the employer or the employer presumably does not comply with the obligation under para. 1 and 2 for discrimination, the Commission shall have this circumstance on the homepage of the Federal Ministry for Health and Women .

Management of the Commission

§ 14. (1) The Chairman shall convene the Senate as required. A convocation of the senate shall also take place if this is more than one third of the members, the lawyer for equal treatment of women and men in the working world or the lawyer/lawyer for equal treatment according to § 5 or § 6 .

(2) Members (substitute members) shall be invited to the agenda in good time and verifiably under the notice of the agenda.

(3) The senate is quorum if more than half of the members (substitute members) are present. A majority of the votes cast shall be required for decisions of the Senate. In the event of a tie, the opinion shall be deemed adopted for which the chairman has voted.

(4) The meetings of the senate are confidential and not public. The Chairman may also consult other experts with a consultative vote in the meetings of the Senate. The request of more than one third of the members, the lawyer for equal treatment of women and men in the working world, or the lawyer/lawyer for equal treatment pursuant to § 5 or § 6, after the recovery of certain professionals, has to the chairperson.

(5) The conduct of the day-to-day operations, the preparation of the meetings and the errands of the office of the Senate may be transferred under the guidance of the Chairman, if necessary, to a number of staff of the Federal Government.

(6) Persons who comply with the charge for the exchange of information before the Senate shall, upon request, be entitled to the replacement of the necessary costs, caused by the journey to the place of questioning, by the stay in this place and by the return journey . The amount of the fee is determined according to 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.

Committees of the Senate

§ 15. (1) The Senate may, on a case-by-case basis, transfer the treatment of infringements of the equal treatment bid to a committee; if necessary, several committees may be established.

(2) Each committee shall be composed of at least three members. The Chair of the Senate or a member of the Federal Government shall be chaired by the President of the Senate; the other members shall be from the Chairman of the Senate from the circle of the members or substitute members of the to take account of the interests of the relevant Senate.

(3) § 14 (1) to (5) shall apply to the management of these committees.

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 § § 20 (12) and 30 (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 (3) and (4) and 53 AVG shall apply to the confiscation of interpreters and translators, and the costs shall be borne by officals. "

9. The headings " III. Part " and "Final Provisions" .

10. The following paragraph 8 is added to § 21:

" (8) § § 1 to 16 as well as 22 to 24 in the version of the Federal Law BGBl. I n ° 66/2004 and the discharge of the headings ' I. Part "," III. Part "and" Final provisions " shall enter into force on 1 July 2004. § § 10a to 10d as well as the previous II. Part shall not enter into force with 30 June 2004. "

11. § 22 reads:

" § 22. With regard to § § 4 (5), 5 (5), 6 (5) and 12 (4) and (5) of the Federal Minister for Justice, the Federal Minister for Health and Women in agreement with the German Federal Minister for Health and Women, the Federal Minister for Justice and the Federal Republic of Germany shall be entitled to Federal Minister for Economic Affairs and Labour, in charge of the Federal Minister for Health and Women. "

12. § 23 with headline reads:

" referrals

§ 23. Insofar as other federal laws are referred to in this Federal Act, these are to be applied in the respectively applicable version. "

13. § 24 with headline reads:

" Reports to the National Council

§ 24. The Federal Minister for Health and Women and the Federal Minister for Economic Affairs and Labour have to submit a report to the National Council every two years on the enforcement of the Equal Treatment Act. This report shall contain, in particular, information on the activities and perceptions of the equal treatment prosecution, the procedures before the Commission and the other activities of the Commission. Every second time, this two-year report is to be supplemented by contributions from the representatives of employers 'and employees' representatives and submitted to the National Council. "

Klestil

Bowl

Equal Treatment Act - Glbg And Amendment Of The Federal Law On The Equal Treatment Of Women And Men In Working Life (Equal Treatment Act)

Original Language Title: Gleichbehandlungsgesetz - GlBG und Änderung des Bundesgesetzes über die Gleichbehandlung von Frau und Mann im Arbeitsleben (Gleichbehandlungsgesetz)

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