Quelle: @adrian_ilie825 – stock.adobe.com
What can I do as the person concerned?
You can turn to your employee representation or your supervisor if you're being harassed or discriminated against by colleagues. Your supervisor or employer is obliged to intervene and stop the discrimination or harassment. His or her omission to act against discrimination or harassment is considered a form of discrimination and he or she becomes liable.
If you are the victim of a discrimination you are entitled to compensation. Claims under the Upper Austrian anti discrimination law can be made to labour courts, district courts (Bezirksgericht) and regional courts (Landesgericht) with respect to the particular deadlines and the litigation risk. In addition to the compensation of your actual damage, you can also claim the damage caused by your humiliation ("immaterial compensation").
As an applicant, an employee or a trainee of the Upper Austrian Provincial Government or a municipality in Upper Austria your claims have to be presented to your employer as well.
Employee representatives such as the ÖGB or the AK or groups that have the agenda to monitor anti-discrimination regulations will support you in enforcing the law at courts.
A discrimination or harassment under the Upper Austrian anti-discrimination law is an administrative offence, as long as it is not punished by court and can be reported to the respective district administrative authority (Magistrat or Bezirkshauptmannschaft).
What can I do as a third party?
Point out the counselling services of the anti-discrimination office or other institutions to the person concerned and offer your support as a witness. The anti-discrimination office will be glad to offer advice to you.
What can I do as a supervisor or employer?
As a supervisor and employer you are subject to a duty of care for your staff. This also includes the prevention and prohibition of discrimination or harassment amongst your employees. If you fail to do so you can become liable too.
Take people who turn to you for help seriously and talk to the wrongdoes as well as the witnesses.
Stress that discrimination and harassment are not tolerated in your company and will lead to consequences. Take notes on the conversations and the agreements achieved. The anti-discrimination office will be glad to offer advice to you.