Equal Treatment Commission
General information
Based on the Austrian Federal Act on the Equal Treatment Commission and the Equal Treatment Ombudsperson (ETC/OOEC Act, Federal Law Gazette No. 108/1979 as amended by Federal Law Gazette I No. 107/2013), the Equal Treatment Commission, which now consists of three Senates, was set up to examine matters relating to discrimination under the Austrian Equal Treatment Act. It is a special institution designed to support the Labour and Social Courts, as well as the Civil Courts.
- What are the tasks of the Equal Treatment Commission?
- What are the duties of Senate members?
- How is the Senate composed
What are the tasks of the Equal Treatment Commission?
The tasks of the Equal Treatment Commission are laid down in the ETC/OOEC Act, Federal Law Gazette No. 108/1979 as amended by Federal Law Gazette No. 107/2013. Within their area of responsibility, the Senates deal with all questions of a general or individual nature that involve discrimination within the Senate’s area of responsibility (Section 8 ETC/OOEC Act). For matters that relate to employment and occupation falling within the area of responsibility of Senate I or Senate II this may provide a forum for mediation between employers and employees prior to the initiation of court proceedings.
All 3 Senates of the Equal Treatment Commission facilitate arrangements designed to avoid or to settle legal disputes by using their power to issue advisory opinions or to settle disputes before or even during court proceedings.
The responsible representatives of the Ombudspersons' Office for Equal Treatment may attend the meetings of the Senates an advisors, however with no right to vote.
Senate I of the Equal Treatment Commission
Who is member of Senate I?
Senate I is composed of the Chairperson and six additional members seconded and/or appointed by the Austrian Trade Union Federation, the Austrian Federal Economic Chamber, the Austrian Chamber of Labour, the Federation of Austrian Industries, the Federal Chancellor and the Federal Minister for Labour.
Remit of Senate I
The remit of Senate I covers the equal treatment of women and men in connection with an employment relationship (Part I of the Equal Treatment Act, Federal Law Gazette I No. 66/2004 as amended by Federal Law Gazette I No. 107/2013). Especially as regards marital or family status, no one must be directly or indirectly discriminated against on the grounds of gender in connection with an employment relationship (§ 3 Equal Treatment Act). This applies in particular to
- establishment of the employment relationship,
- fixing rates of pay,
- granting voluntary social benefits which constitute no remuneration,
- initial and continued vocational training and re-training,
- career advancement, in particular promotions,
- other working conditions,
- termination of the employment.
Under Section 4 of the Equal Treatment Act no one must be directly or indirectly discriminated against on grounds of gender, especially as regards marital or family status, in other areas connected with an employment relationship. This applies to
- career guidance, vocational training, continued professional training and re-training not covered by the employment relationship,
- membership and active involvement in the activities of organisations representing employer or employee interests or of organisations whose members belong to a specific job group, including making use of the services of such organisations, or to
- self-employment.
Multiple discrimination
If a case brought before the Equal Treatment Commission concerns both equal treatment of women and men at work irrespective of ethnicity, religion or beliefs, age or sexual orientation, Senate I is in charge. In the given context, Senate I shall also apply the rules on equal treatment irrespective of ethnicity, religion or beliefs, age or sexual orientation at work (Part II of the Equal Treatment Act).
The Chairperson of Senate I coordinates the work of the Equal Treatment Commission.
Coordinating function
The Chairperson of Senate I is tasked with coordinating the work of the Equal Treatment Commission.
Senate II of the Equal Treatment Commission
Who serves on the Senate II?
Senate II is composed of the Chairperson and six additional members seconded and/or appointed by the Austrian Chamber of Labour, the Austrian Trade Union Federation, the Austrian Federal Economic Chamber, the Federation of Austrian Industries, the Federal Chancellor and the Federal Minister of Labour.
Remit of Senate II
The remit of Senate II covers equal treatment in connection with an employment relationship irrespective of ethnic origin, religion or belief, age or sexual orientation (anti-discrimination) (Part II of the Equal Treatment Act – Federal Law Gazette I No. 66/2004 as amended by Federal Law Gazette I No. 107/2013).
No one must be directly or indirectly discriminated against in an employment relationship on the grounds of ethnic origin, religion or belief, age or sexual orientation (Section 17(1) of the Equal Treatment Act). This applies in particular to
- establishment of the employment relationship,
- fixing rates of pay,
- granting voluntary social benefits which constitute no remuneration,
- initial and continued vocational training and re-training,
- career advancement, in particular promotions,
- other working conditions,
- termination of the employment.
Pursuant to Section 17(2), Section 17(1) applies neither to differing treatment on grounds of nationality nor to treatment arising from the legal status of third-country nationals or of stateless persons. Under § 18 of the Equal Treatment Act no one must be directly or indirectly discriminated against in other areas connected with an employment relationship for the reasons cited in Section 17. This applies to
- career guidance, vocational training, continued professional training and re-training not covered by the employment relationship,
- membership and active involvement in the activities of organisations representing employer or employee interests or of organisations whose members belong to a specific job group, including making use of the services of such organisations, or to
- self-employment.
Exemptions
Section 20(1) Unequal treatment due to an attribute related to one of the reasons for discrimination listed in § 17 does not constitute discrimination if, due to the type of work or the conditions for its performance, the attribute in question is a material and decisive occupational requirement and if such requirement is lawful and appropriate.
(2) Where the religion or ethos of a person is an essential, lawful and justified precondition of employment in an organisation on account of that organisation’s own ethos, such precondition shall not constitute discrimination on grounds of religion or belief in the context of employment and occupation by churches or other public or private organisations whose ethos is based on religious principles or philosophical convictions.
(3) Where unequal treatment on grounds of age is
- objective and appropriate,
- justified by a legitimate objective, in particular by lawful objectives in the fields of employment policy, labour market and vocational training and if
- the means to this end are appropriate and necessary,
it shall not be deemed to constitute discrimination.
(4) Unequal treatment under Paragraph 3 may in particular include
- stipulating specific conditions for access to an occupation and to vocational training as well as specific employment and working conditions, including conditions of dismissal or pay, with a view to promoting access to the labour market for young people, older workers and persons entrusted with care or ensuring their protection;
- stipulating minimum requirements in terms of age, work experience and seniority for access to an occupation or to specific job-related benefits,
- stipulating a maximum employment age on the grounds of specific training requirements for a given job or due to a required period of employment prior to retirement.
(5) Discrimination on grounds of age shall also not be deemed to be constituted where age limits are fixed under corporate social security systems as a condition of membership or of payment of old-age pensions or of benefits in the case of invalidity, including setting age limits under those schemes for individual employees or groups or categories of employees and the use of age criteria under these schemes for actuarial calculation, unless this implies discrimination on grounds of gender.
Senate III of the Equal Treatment Commission
Who serves on the Senate III?
Senate III is composed of the Chairperson and 6 additional members, seconded and/or appointed by the Federal Chamber of Labour, the Austrian Federal Economic Chamber, the Federal Chanceller, the Federal Minister of Science, Research and Economy, the Federal Minister of Labour, Social Affairs and Consumer Protection and the Federal Minister of Justice.
Remit of Senate III
The remit of Senate III covers equal treatment irrespective of ethnic origin in other areas (Part III of the Equal Treatment Act – Federal Law Gazette I No. 66/2004 as amended by Federal Law Gazette I No. 107/2013).
The provisions apply to legal relationships including their establishment and to asserting or enforcing claims to services and benefits not covered by the legal relationship, in particular to
- social protection including social security coverage and healthcare,
- social benefits,
- education,
- access to and supply of public goods and services including housing, subject to the condition that they fall within the direct legal authority of the Federal State.
On 1 August 2008, the remit of Senate III was extended to include the equal treatment of women and men as regards access to and supply with goods and services (Part III a of the Equal Treatment Act – Federal Law Gazette I No. 98/2008).
The provisions laid down in this part apply to legal relationships including their establishment and to asserting or enforcing claims to services and benefits not covered by the legal relationship in the context of access to and supply with public goods and services.
Any special provisions for insurance contracts contained in the Insurance Contracts Act 1958, Federal Law Gazette No 2/1959, and the Insurance Supervisory Act, Federal Law Gazette No. 569/1978, must be respected.
Legal relationships or the assertion or enforcement of claims to benefits and services that
- come under the regulatory authority of the Federal States,
- fall within the scope of Part I,
- belong to the area of private and family life,
- are part of the content of media and advertising,
- belong to the area of public or private education
are exempt from these provisions.
Area of application
No one must be directly or indirectly discriminated against on the grounds of ethnic origin. This applies to
- social protection, including social security coverage and healthcare,
- social benefits,
- education,
- access to and supply with public goods and services, including housing.
This provision applies neither to differing treatment on account of nationality nor to treatment arising from the legal status of third-country nationals or of stateless persons.
No one must be discriminated against on the grounds of gender in their access to and supply with public goods and services.
Discrimination against women on account of pregnancy or maternity constitutes direct discrimination on grounds of gender.
What are the duties of Senate members?
Senate members work on a voluntary basis and are bound by secrecy. This implies in particular that they are under an obligation to maintain confidentiality on business and company secrets that arise in the course of the proceedings (Section 10(3) ETC/OOEC Act).
What is subject to scrutiny by the Senates of the Equal Treatment Commission?
Within their respective areas of responsibility the Senates of the Equal Treatment Commission, when requested to do so by persons entitled to bring cases before them, investigate whether the principle of equal treatment has been violated. However, they may also initiate investigations on their own authority within their terms of reference.