Main Legislation

Under the Constitution, neither the Federation nor the provinces have the exclusive power to regulate “anti-discrimination”. This leads to a very scattered legal framework with more than 20 Provincial pieces of legislation and five main acts at the Federal level.

The most important Federal acts, implementing the Directives, are:

Equal Treatment Act(Gleichbehandlungsgesetz)

The Equal Treatment Act covers the private sector and protects against discrimination in employment on the following grounds: gender, ethnic affiliation (ethnische Zugehörigkeit), religion and belief, sexual orientation and age.

Protection against discrimination on the ground of ethnic affiliation also extends to social protection, including social security and healthcare, social advantages, education, access to and supply of goods and services, which are available to the public, including housing.

Federal-Equal Treatment Act(Bundes-Gleichbehandlungsgesetz)

It covers (Federal) public employment and protects against discrimination on the following grounds: gender, ethnic affiliation (ethnische Zugehörigkeit), religion and belief, sexual orientation and age and installs a Federal-Equal Treatment Commission, Officers for Equal Treatment and Contact Women.

Act on the Equal Treatment Commission and the National Equality Body(Bundesgesetz über die Gleichbehandlungskommission und die Gleichbehandlungsanwaltschaft)

It installs and regulates the functions of the Equal Treatment Commission and the National Equality Body.

Act on the Employment of Peoplewith Disabilities(Behinderteneinstellungsgesetz)

The Act inter alia protects against discrimination on the ground of disability in employment and occupation including the concept of reasonable accommodation.

Federal Disability Equality Act(Behindertengleichstellungsgesetz)

It protects against discrimination on the ground of disability in access to and supply of goods and services, which are available to the public, including housing. This means that the level of protection goes beyond the minimum requirements of the Directive 2000/78/EC. Nevertheless, there is a gradual approach on the interpretation of “disproportioned burden” for reasonable accommodation. This means that for a range of circumstances, there are increasing nominal limits for costs of accommodation which are considered proportionate. This gradual development ends in 2015.

Provincial level protectionmost importantly concerns (Provincial) public employment. All the provinces with the exception of Lower Austria expand their protection to all grounds covering not only the employment sphere but also access to and supply of goods and services, housing, social security and benefits and health and thereby exceed the minimum requirements of the Directives.