sexuelle Belästigung

The Federal Equality Act aims at creating equality throughout various service agreements (see Section 1) the Federal Government might have with individuals. The main body no. 1 (1. Hauptstück) focuses on the equal treatment of men and women (Section 3). Section 7(2) states that job advertisements should be written in such a way that they equally refer to both men and women and do not contain details that could lead to the conclusion that the advertisement is only for one gender.

In this case, the applicant brought an action against the instructor in a vocational course for making, among other things, sexually crude comments to or in the presence of the applicant and incessantly harassing her. Austria’s Equal Treatment Commission (the “Commission”) concluded that this amounted to sexual harassment in violation of Section 6 para. 1 no. 4 of the Federal Equal Treatment Act (Bundesgleichbehandlungsgesetz).

Among other aspects, this act aims at ensuring gender equality in various areas of life, for instance, in the workplace. It addresses issues like equal opportunities for men and women as well as sexual harassment in the workplace. It also lists the authorities a person may turn to if  they feel they are being discriminated against. Notable is the shift of the burden of proof in Section 25: a discrimination claimant only has to credibly substantiate the claim, whereas the defending party has to prove that there was no discrimination.