Equal treatment of provincial and municipal employees and apprentices in Lower Austria
Any objectively unjustified unequal treatment (discrimination) of employees and apprentices of the Province of Lower Austria, the Lower Austrian municipalities or municipal associations, and of applicants for such an apprenticeship or employment relationship, on the basis of gender, ethnicity, religion or belief, disability, age or sexual orientation (grounds for discrimination), must be prevented.
Direct and indirect discrimination and harassment on the aforementioned grounds are prohibited, as is sexual harassment.
Employees and apprentices may not be dismissed, released from their contract or otherwise disadvantaged by their employer in response to a complaint or the initiation of proceedings to enforce claims based on an alleged violation of the prohibition of discrimination or harassment. The same applies to employees who act as a witness or informant in any such proceedings, or support a complaint.
Claims in connection with discrimination must be brought within 6 months, claims resulting from harassment within 1 year, and claims resulting from sexual harassment within 3 years from the date on which the person allegedly discriminated against became aware of the decision or act violating the equal treatment requirement. An objection must be raised within 14 days from the termination of the apprenticeship, employment or probationary relationship or the temporary employment relationship that was due to be converted into an indefinite employment relationship.
None.
Lower Austrian Equal Treatment Act (Niederösterreichisches Gleichbehandlungsgesetz – NÖ GBG)
In the event of an alleged breach of the equal treatment requirement, an application for assessment of such a breach may be submitted to the Lower Austrian Equal Treatment Commission (Niederösterreichische Gleichbehandlungskommission). The Lower Austrian Equal Treatment Commission must endeavour to reach an agreement between the parties, and will record the result of the assessment in the form of an expert opinion.
Only once this application has been conclusively examined by the Lower Austrian Equal Treatment Commission may any claims in connection with the alleged violation of the equal treatment requirement be asserted in court (prerequisite for legal action).
If facts substantiating a presumption of discrimination are established in the legal claim, it is up to the defendant to prove that there has been no discrimination (reversal of the burden of proof).
- Employment relationship;
- apprenticeship relationship; or
- applicant seeking to enter into an employment or apprenticeship relationship;
all with the Province of Lower Austria, a Lower Austrian municipality or an association of municipalities.
None.
No prescribed form is required when submitting an application to the Lower Austrian Equal Treatment Commission. However, should you choose to use the template application form (see above under ‘Form’), authentication is required.
See under ‘Procedure’.
Office of the Provincial Government of Lower Austria (Amt der NÖ Landesregierung)
20.04.2024
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