Discrimination – Your Rights

Our Mandate
We provide advice to individuals who feel they have been discriminated against on the grounds of racism, caregiving or family responsibilities, gender, age, religion, belief, or sexual orientation.

Confidentiality
Our advice is free of charge and confidential. This means no personal information will be shared with others. No one will know that you contacted us unless you give your permission.

Legal Assessment of Discrimination
During the consultation, we determine whether your case qualifies as discrimination under the Equal Treatment Act. A legal assessment is only possible after you describe the events that led you to contact us.

We Only Act with Your Consent
If we suspect discrimination based on our conversation and the documents you provide, we will explain your legal options and possible next steps — for example, requesting a statement from the person or institution involved. We only take further action if you want us to.

Support in Reaching Settlements
We are happy to support you in reaching amicable settlements. However, we cannot offer advice on tax or social security matters related to such agreements (e.g., income tax, social insurance), and we assume no liability in that regard.

Proceedings Before the Equal Treatment Commission
In some cases, it may be appropriate to initiate proceedings before the Equal Treatment Commission. We can explain the application process and guide you through each step. In certain situations, we may also file the application on your behalf. This decision will be made jointly by you and your legal advisor, based on the specifics of your case.

Your Cooperation Is Essential
To support you in the best possible way, please inform us promptly of any changes to your address, phone number, or email—as well as any updates in your case. We can only advise you properly if we have the latest information.

• Anyone who suspects discrimination or (sexual) harrassment can contact us.
• People who have witnessed discrimination can also receive legal advice on their role as a witness.
• Relatives of affected individuals can receive information and support.
• Companies, organizations, and those in leadership positions can request training, information, and support in implementing measures related to the Equal Treatment Act.

The Equal Treatment Act covers the following areas of working life:

• Employment in the private sector: Applications and hiring, pay, promotions, working conditions, termination of employment, etc.
• Internships
• Job counseling
• Vocational training, continuing education, retraining
• Participation in employee or employer representation or professional associations
• Starting or expanding a business

In the workplace, protection applies in cases of disadvantage based on:

• Gender
• Race/Ethnicity
• Religion or Belief
• Sexual orientation
• Age
• (Sexual) harassment
• Caring responsibilities for children or relatives

Unfortunately, the law does not yet guarantee equal rights for everyone. Outside the workplace, protection against discrimination only applies to gender-based discrimination (including all gender identities) and racist discrimination. In cases of racist discrimination, the law offers a broader protection.

Gender-based discrimination (including all gender identities) and racist discrimination are prohibited under the Equal Treatment Act in relation to access to and the supply of goods and services, such as:

• • Apartment or housing searches
• Financial services (e.g., access to credit)
• Retail and shopping
• Entry to bars, clubs, or restaurants
• Attendance at concerts or events
• Beauty treatments or massages
• Counseling or advisory services

Only racist discrimination is prohibited under the Equal Treatment Act in the following areas:

• Education
• Social protection (including social security and healthcare)
• Social advantages and benefits

Important: The Equal Treatment Act applies in areas where the federal government has direct legislative authority. If another equality or anti-discrimination body is responsible for your case, we will refer you to the appropriate office—if you wish.

Please note: Just because something is not prohibited under the Equal Treatment Act does not mean it is allowed. If your concern is not covered by our mandate, we will do our best to help you find a support service that can assist you.

“White waiter wanted”: Discrimination in access to employment based on skin color
Mr. Z is invited to a job interview. As soon as he enters the restaurant, the owner tells him they no longer need a waiter. Surprised, Mr. Z asks why. She replies that he is “too dark.” Mr. Z reports the incident to his caseworker at the Public Employment Service (AMS), who already knows: the owner had contacted her and requested that the job ad only be forwarded to white applicants, preferably Austrians.

The Ombud for Equal Treatment writes a letter to the restaurant owner, confronting them with the allegations. They are informed that their actions violate the Equal Treatment Act (GlBG). The owner admits their mistake, apologizes, signs a settlement agreement, and pays Mr. Z an appropriate amount in compensation.

Unequal pay for equal work due to incorrect classification – Pay discrimination
In a company, all positions are re-evaluated and assigned to collective bargaining groups. Ms. E finds out that her job has been rated lower than those of her male colleagues, even though they perform the same or equivalent work. As a result, she is classified into a lower pay group and receives less salary.

Ms. E contacts the Ombud for Equal Treatment. A legal assessment is sent to the works council. Ms. E negotiates with her employer, using the legal assessment, and successfully achieves a non-discriminatory classification.

Discrimination at a nightclub – Entry denied
Mr. J, a young man of Indian origin, wants to go to a nightclub on a Saturday with his Austrian girlfriend. At the entrance, one of the security men tells him: “Not for you tonight!” His girlfriend is allowed in. When asked why he is denied entry, the security says he doesn’t have to give a reason because of the club’s right to refuse entry.

The Ombud for Equal Treatment sends a letter to both the nightclub and the security company, referencing the Equal Treatment Act. Both deny any discrimination. The Ombud then submits a request to the Equal Treatment Commission to assess whether the law was violated. The Commission concludes that ethnic discrimination occurred in access to services, which violates the Equal Treatment Act.