Fundamental Rights Section
3
Action to combat discrimination
3.1
Discrimination on the ground of sex
Excerpt from the 23rd/24th/25th report of the Ombudsman Board to the State Parliament of Styria (2003-2005)
3.1.1
First three candidates on the list are women - fourth candidate
on the list is a man and gets the job (VA ST/116-LAD/02)
In November 2001, the Municipality of Aibl invited applications for the post of a town clerk.
Ms. N.N.'s application for that post was ranked first. However, the fourth-ranked Mr. X obtained the position.
The Ombudsman Board reviewed the case and determined that the Municipality of Aibl had
been employing four men and one woman at the time the vacancy had been advertised so
that pursuant to Sect. 34 of the Landes-Gleichbehandlungsgesetz (Styrian Act on Equal
Treatment for Men and Women in the Public Service) a woman would have had to be appointed. This fact had been known to the members of the municipal council. Although there
had been no objective reasons for considering Mr. X.X. as better qualified for municipal
service than the complainant, the municipal council decided to appoint him. In doing so, the
municipal council violated the prohibition of discrimination laid down in Sect. 3 para. 1 subpara. 1 and the obligation to promote women's careers in the public service laid down in
Sect. 34 para 1 of the Act on Equal Treatment for Men and Women in the Public Service of
Styria.
It appears to the Ombudsman Board that the municipal council assumed to be entitled to
disregard the results of the admission procedure and the provisions of the Styrian Act on
Equal Treatment for Men and Women in the Public Service. Instead of correctly applying
this Act, the municipal council has decided arbitrarily and simply ignored binding legislation.
By this approach, which may be equated with lawlessness, the complainant's constitutionally granted right to equality before the law was infringed.
Although these grievances had been established by the Equal Opportunities Commission of
the province of Styria and by the Styrian State government, the Municipality of Aibl failed to
offer acceptable financial compensation to the complainant pursuant to Sect. 10 of the
Styrian Act on Equal Treatment for Men and Women in the Public Service so that she had
75
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents