Anti-Discrinination
outside of the administrative district, the authorities depend on information
from the Ombud for Equal Treatment.
Laender request
central register
of administrative
penalties
In this regard, the Laender have informed the AOB that they have already
pointed out this problem multiple times to the Federal Government
and requested the establishment of a central, Austria-wide register of
administrative fines, since central databases already exist in many sectors
that are even more sensitive under data protection law. Up to now, the
Federal Government has refused this, citing data protection and privacy.
As a result, the provision of the Austrian Federal Equal Opportunities Act,
according to which persons who violate the statutory requirement for nondiscriminatory job and residential advertisements are to be warned at the
first violation and are to be fined for additional violations, can only be
inadequately enforced.
Furthermore, the question of whether the authorities stay or discontinue the
proceedings by way of an official notice or solely by way of an internal note
in the case file (whereby in the first case, the Ombud for Equal Treatment can
pursue a legal remedy) is not clearly stated under the law and is enforced
differently by the individual Laender. This should also be clarified within the
scope of the evaluations of the equal opportunity instruments.
Laender announce
improvement
Some Laender have informed the AOB in their statements that they are
making improvements based on the points of criticism and deficits, which
they are aware of now from the investigative proceeding. For example, the
competent employees at government authorities in some Laender were
informed in writing about the procedure in the proceedings initiated by the
Ombud for Equal Treatment. One Land stated that it took the enforcement
of the prohibition of discrimination under administrative criminal law into
particular consideration with regard to the training of administrative staff.
Are tuberculosis screenings necessary?
Even medical measures are only permissible if they are actually
necessary and reasonable to protect health.
The fact that persons from certain EU states, who would like to reside in
Austria for the long term, must submit to mandatory tuberculosis screenings
in the first years of their residency was already previously the subject of an
investigative proceeding by the AOB (Annual Report 2009, p. 46).
48
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