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