Anti-Discrimination
2.1.1 Equal Treatment Commission and the Ombud for Equal Treatment
Duration of proceedings
A short duration of proceedings is important particularly in lowthreshold proceedings such as those before the Equal Treatment
Commission. The political decision-makers have already made positive
steps in order to accelerate the proceedings. However, there is still much
to be done. In particular, necessary financial and personnel resources
must be made available.
With the establishment of the Equal Treatment Commission, the legislators
intended to create a low-threshold, efficient handling of discrimination cases
before a specialised body. A short duration of the proceedings is absolutely
necessary in this context; nevertheless, there are frequent delays.
With the most recent amendment of the Austrian Federal Equal Opportunities
Act (Federal Law Gazette I No. 107/2013), several items were amended that are
intended to accelerate the proceedings. For example, the number of members
of the senates was reduced, the possible presence of other parties was newly
regulated and the obligation to clarify the possibilities for a settlement was
created. Nevertheless, it is questionable whether these statutory amendments
will result in an effective improvement of the problem.
Amendments of the
law to accelerate
proceedings
In March 2014, the Ombud for Equal Treatment approached the AOB, as the
duration of proceedings in Senate I of the Equal Treatment Commission was
as long as two years; this was additionally exacerbated by the fact that the
position of the Chairperson was vacant between October 2013 and March
2014.
Duration of
proceedings still
lengthy
Senate I of the Equal Treatment Commission is responsible for examining
cases of discrimination in the workplace due to gender and has to deal with
a particularly high number of petitions. In this area, lengthy proceedings
are particularly burdensome for those involved, especially if they are still
in a valid employment relationship. Lengthy proceedings have an adverse
impact, if – concurrently to the proceedings before the Equal Treatment
Commission – a lawsuit is pending, in which the decision by the Equal
Treatment Commission plays a role.
In her remarks to the AOB, the new Chairperson of Senate I of the Equal
Treatment Commission emphasised that every effort is made to ensure
that all pending cases are resolved quickly. The Chairperson announced a
change in how the proceedings would be conducted in the future: Petitions
for examination would be put on the agenda more quickly than before and
the petitioning parties would initially be brought to the table without hearing
other respondents in order to give them the opportunity to describe the still
Accelerated initial
hearing date
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