B-GBK I/178/16

After a restructuring of the Austrian Armed Forces, female civil servants were excluded from the newly created supervisory roles, which were instead awarded to males with comparable experiences to their female counterparts. Representatives from the Austrian Armed Forces claimed that for reasons of efficiency and expediency, the reorganization sought to keep employees who were above age 50 and with presumably the shortest period of service remaining without regard to technical competencies or personal suitability. The Equal Treatment Commission found this to be a violation of Article 4 (5) of Austria’s Federal Equal Treatment Act (Bundesgleichbehandlungsgesetz), which prohibits direct or indirect discrimination on the grounds of sex in the context of professional advancement. 



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