Legal proceedings

General information

Persons affected by discrimination may either choose to immediately file a complaint with the Labour and Social Court or first submit an application to the Equal Treatment Commission. It is possible to call on the Equal Treatment Commission and the court independently of one another.

The court must always be called upon if claims for damages are made or the intention is to reverse a termination!

Although the court must address the expert opinions and the results of the investigation carried out by the Equal Treatment Commission, it is not bound by them, as they have no legal effect. It must, however, substantiate any judgment that deviates therefrom.

Competent authority

• For claims concerning discrimination when establishing an employment relationship, during an employment relationship and in the wider working world: the relevant labour and social court
• For claims concerning discrimination on the basis of ethnicity or gender in other areas: the competent district court

Further information

It is, however, advantageous to sufficiently familiarise yourself with your rights under the Equal Treatment Act when enforcing legal claims. In any event, victims of discrimination should therefore also contact the Institutions for Enforcing the Requirement on Equal Treatment the Ombud for Equal Treatment and/or the Equal Treatment Commission. In the world of employment, the Chamber of Labour or the trade unions also advise their members and are also able to provide legal protection during court proceedings in the event of discrimination.

Further links

• Court search (→ BMJ)^{German text}
• Chamber of Labour (→ AK)^{German text}
• Austrian Trade Union Confederation (→ ÖGB)^{German text}
• Claimants’ Association for the Enforcement of the Rights of Victims of Discrimination (→ KLV)^{German text}

Legal basis

• Bundesgesetz über die Gleichbehandlung^{German text}
• Jurisdiktionsnorm^{German text}