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Prohibition of discrimination
The Upper Austrian anti-discrimination law (Oö. ADG) prohibits the discrimination or harassment of persons based on
- their ethnic origin
- their religion
- their beliefs
- a disability
- their age
- their gender
- their sexual orientation
in all matters that are subject to the legislative competence of the Upper Austrian Provincial Government.
Discrimination or harassment of Employees of the Upper Austrian Provincial Government or a municipality in Upper Austria based on gender is an exception and is under the responsibility of the female officer of equal treatment.
There is an female officer of equal treatment for the Upper Austrian Provincial Government, for the municipalities and cities with its own statute in Upper Austria.
Area of application
The Upper Austrian anti-discrimination law applies to issues of the federal land and the municipalities that are subject to the legislative competence of the Upper Austrian Provincial Government, such as:
- Health care
E.g. ambulant and in-patient medical supply offered by the municipalities or the state of Upper Austria, such as hospitals or rehabilitation facilities
- Social issues
E.g. benefits in case of illness, maternity or unemployment, social welfare benefit, care allowance
- Access to and supply with goods and services offered to the public
E.g. infrastructure and facilities such as museums, music schools and public baths run by the communities
- Access to housing
E.g. supply with public or welfare housing, granting of housing subsidy and housing benefit
- Education, including professional qualification
E.g. access to educational institutions as well as aids in the field of education (e.g. scholarships granted by the state of Upper Austria)
- Access to jobs (freelance or employed) and career counseling
E.g. entrance requirements for professions, determined by federal law
- Public services law including the representation of employees of the communities and the state of Upper Austria
The public services law also applies to job applicants and trainees at the municipalities and the state of Upper Austria.
A discrimination or harassment by employees of the Upper Austrian Provincial Government or a municipality in Upper Austria constitutes a breach of duty and results in consequences under disciplinary and public services law.
Special features of the Upper Austrian anti-discrimination law
In proceedings to assert compensation reversal of evidence does apply, which means that the person concerned only has to show prima facie evidence of a discrimination or harassment, whereas the defendant has to prove that none of the motives stated above was the basis for the discriminative treatment.
To facilitate the assertion of rights and limit the concerns about potential consequences or disadvantages, the Upper Austrian anti-discrimination law prohibits the discrimination of prosecutors and/or their witnesses (prohibition of victimisation).
A breach of that prohibition constitutes an administrative offence and will be punished by the respective district administrative authority.
Persons who suffered disadvantages due to discrimination or harassment based on the grounds stated above are entitled to claim for compensation at court.
In addition to the actual damage a compensation for the humiliation (immaterial compensation) can be asserted.
As some of the deadlines for enforcing the claims are limited we recommend to get in touch with the anti-discrimination office as soon as possible.