Anti-Discrinination
Presence of both
members of the
Ombud for Equal
Treatment admissible
However, the Chairperson of Senate I of the Equal Treatment Commission,
which is competent for cases of multiple discrimination, shared the concern
that actions by the members of the Ombud during proceedings with regard
to issues outside of his or her area of competence can be problematic. She
does not consider it optimal for the treatment of the case if two members
of the Ombud for Equal Treatment are present who switch back and forth.
She stated that it is reasonable and legally admissible that both members of
the Ombud for Equal Treatment can follow the entire proceedings live. She
therefore announced that, in the future, in cases of multiple discrimination,
she would permit the presence of both members of the Ombud for Equal
Treatment, with only one member sitting at the attorney’s table and the
other member taking the role of an observer. If the second attorney needs to
make a comment or undertake a procedural step, the attorneys can change
places. In this way, support of the client that is within the law during the
proceedings by the competent member of the Ombud for Equal Treatment
is ensured; from the perspective of the Chairperson of the Equal Treatment
Commission this cannot be guaranteed solely by way of assignments prior
to the hearing and telephone queries during the hearing in a way that is
procedurally efficient.
The AOB hopes that this will guarantee unrestricted and legally secured
support for victims of multiple discrimination.
Similar responsibilities, different time limits
Another topic that should be rethought during the evaluation of the
equal treatment instruments is whether it makes sense to have different
time limits for the Equal Treatment Commission, which is competent
for private business and industry, and the Federal Equal Treatment
Commission, competent for the Federal Civil Service.
Federal Equal
Treatment Commission
informs about time
limits upon AOB
recommendation
44
The AOB became aware of deficits in the provision of information regarding
procedural requirements by the equal opportunity bodies due to the
complaint of an individual impacted by this issue. Petitions to the Federal
Equal Treatment Commission, which is competent for the examination of
alleged discrimination in the Civil Service are only possible within certain
time limits (six months or three years in the case of alleged sexual harassment
or harassment, 14 days in the event of termination of an employment
relationship). However, the information provided on the website of the
Federal Equal Treatment Commission is insufficient. The website did not
specify the necessity of adhering to time limits, but only contained a link to
the text of the law, from which one can derive the time limits to which one
is bound. This information regarding such an important requirement for an
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