Austria
Overview
Please review the information below and then return to the workplace harassment prevention course.
Harassment and discrimination based on a protected characteristic are prohibited under national law. National law also provides employees protection from bullying.
Applicable Laws
The primary national laws prohibiting employment discrimination, including harassment, on the basis of any protected characteristic are the Equal Treatment Act and the Disabled Persons Employment Act.
The Workers’ Health and Safety Act requires employers to protect workers from violence, sexual harassment and bullying.
Protected Characteristics
Harassment or discrimination based on any characteristic set forth below is prohibited in Austria.
- Race or ethnicity
- Sex, including pregnancy and gender identity
- Religion or belief
- Age
- Sexual orientation
- Disability
Regional, state or other political subdivision laws may provide additional, separate standards and remedies for certain prohibited conduct.
Definitions
Harassment
Harassment is unwanted conduct related to a protected characteristic that impairs the dignity of a person or has the purpose of doing so and creates or aims to create an intimidating, hostile or humiliating working environment for the person concerned.
Sexual harassment
Sexual harassment is unwanted conduct of a sexual nature that impairs the dignity of a person or has the purpose of doing so.
Sexual harassment is unlawful when:
- it creates or aims to create an intimidating, hostile or humiliating working environment for the person concerned, or
- submission to or rejection of the conduct is the basis for employment decisions affecting the person concerned.
Sex-based Harassment
Sex-based harassment is unwanted conduct related to the protected characteristic of sex that impairs the dignity of a person or has the purpose of doing so.
Sex-based harassment is unlawful when:
- it creates or aims to create an intimidating, hostile or humiliating working environment for the person concerned, or
- submission to or rejection of the conduct is the basis for employment decisions affecting the person concerned.
Filing a Claim in Austria
A claim for employment discrimination or harassment based on a protected characteristic may be filed with the Equal Treatment Commission or the Labor and Social Court.
Employees who believe they have been discriminated against or harassed can contact the Equal Treatment Ombuds for guidance and support.
Potential Remedies
In Austria, an employee who has experienced discrimination or harassment related to a protected characteristic may be entitled to monetary and other remedies. An employer may be required to take certain actions to correct or redress discrimination, harassment or violations of workplace safety standards. Potential remedies are listed below.
- Compensation for financial loss and personal impairment
- Reinstatement to a position
- Grants of education or training
Retaliation Prohibited
Employer retaliation against an employee who files a complaint relating to discrimination or harassment or is involved in the complaint process is unlawful.