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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