General information on equal treatment in the private sector

The requirement on equal treatment in the private sector is regulated by the Equal Treatment Act.

The prohibition on discrimination in association with an employment relationship in the private sector covers the following areas:

• establishment of the employment relationship
• fixing of salary
• voluntary social benefits (e.g. loyalty bonuses, company canteens) that do not constitute salary
• operational training, further training and retraining measures
• promotions
• other working conditions
• termination of the employment relationship
• (sexual) harassment.

There are also exemptions, however. For example, discrimination on the basis of age has not occurred if the unequal treatment:

• is objective and appropriate
• is justified by a legitimate aim, e.g. by a legitimate aim from the area of employment policy
• and the means for achieving that aim are appropriate and necessary.

The prohibition on discrimination in the wider working world covers the following areas:

• career guidance, vocational training, workplace training and retraining outside of an employment relationship
• membership of an employees’ or employers’ organisation and recourse to the services of such organisations
• creation, establishment or expansion of a company and commencement or extension of any other kind of self-employed activity
• (sexual) harassment.

Discrimination within the meaning of the Equal Treatment Act also exists if a person                            

• parental leave, part-time parental leave, change of working hours in accordance with the MSchG or the VKG                                         
• Paternity leave under the VKG,                                 
• care leave under the UrlG                                    
• Reduction of working hours, end-of-life care, care of seriously ill children, care leave, part-time care leave in accordance with AVRAG                                           
• Leave of absence for urgent family reasons, if an illness or accident requires immediate presence in accordance with AngG and ABGB                                 

is taken. In these cases, there does not have to be any discrimination on the basis of gender.

The Equal Treatment Act applies to employees, home workers and employee-like persons (e.g. independent contractors).

In the event of a violation of the requirement for equal treatment, those affected by discrimination may contact the Ombud for Equal Treatment for advice.

More detailed information on the subject of "Sexual harassment at the workplace" can also be found at oesterreich.gv.at. Further information on forms of discrimination (including, in particular, with regard to salary) can also be found at USP.gv.at.

Further links

• Ombud for Equal Treatment (→ GAW) ^{German text}
• Public Employment Service (→ AMS) ^{German text}

Legal basis

• Bundesgesetz über die Gleichbehandlungskommission und die Gleichbehandlungsanwaltschaft^{German text}
• Bundesgesetz über die Gleichbehandlung^{German text}