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.
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.
A discrimination or harassment by employees of the Land Oberösterreich or the communities constitutes a breach of duty and results in consequences under disciplinary and public services law.
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 (Bezirkshauptmannschaft or Magistrat).
The Upper Austrian anti-discrimination law applies to issues of the federal land and the communities that are subject to the legislative competence of the Upper Austrian government, such as:
- Health care
E.g. ambulant and in-patient medical supply offered by the communities 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 communities and the state of Upper Austria. It does not apply in case of discrimination or harassment based on gender, for this case is under the responsibility of the assignee for non-discrimination of the land or the coummunities