Indicator history

The Equal Treatment Act provides for the possibility to claim for compensation in discrimination. Compensation claims before civil courts can include compensation for pecuniary damages as well as compensation for immaterial damages (Articles 12, 26 and 35 ETA). Furthermore, the plaintiff can claim that the court rules a dismissal on discriminatory grounds null and void or that he or she is included in professional training measures. The Equal Treatment Commission does not have the power to rule on compensation for victims. It can only issue recommendations to the respondent, such as an intensive study of equal treatment legislation, reorganisation of future recruitment procedures etc. These recommendations are not enforceable. Often the procedure before the ETC is preceded by an arbitration between the parties initiated by the Ombud for Equal Tretment; in many cases, this arbitration ends with an apology of the respondent. Fines are foreseen for cases of discriminatory job and housing adviertisements.

Source: Equal Treatment Act (Gleichbehandlungsgesetz), BGBl. I Nr. 66/2004 last amended BGBl. I Nr. 7/2011