Anti-Discrimination
Opportunities Act (Gleichbehandlungsgesetz). These ambiguities pertain to
proceedings regarding discrimination for multiple reasons, so-called multiple
discrimination.
For example, discrimination by the employer of a Muslim woman who wears
a hijab can be deemed discrimination due to ethnic origin, but also due to
her religion or her gender. In accordance with the statutory requirements,
different attorneys of the Ombud for Equal Treatment are competent for
advising and supporting this victim of discrimination, depending on the
reason for the discrimination; previously the attorneys of the Ombud for
Equal Treatment jointly represented the victim in proceedings before the
Equal Treatment Commission.
Discrimination for
multiple reasons
Since the most recent amendment of the Austrian Federal Equal Opportunities
Act, this is no longer possible. Against the backdrop of the reduction of
the size of the senates, the amendment stipulates that the entire case can
be represented before the Equal Treatment Commission only by a single
attorney from the Ombud for Equal Treatment. This also applies to cases of
multiple discrimination.
This means that victims of alleged multiple discrimination can still be advised
and supported by the competent and specialised members of the Ombud
for Equal Treatment. The submission of the petitions for examination to
the Equal Treatment Commission and procedural steps in written form in
the proceedings before the Equal Treatment Commission can continue to
be made by the competent attorneys of the Ombud for Equal Treatment.
However, in the actual proceedings before the Equal Treatment Commission,
only one member of the Ombud for Equal Treatment can represent the entire
case.
Advice and support
by several specialised
attorneys of the
Ombud for Equal
Treatment
The Ombud for Equal Treatment criticised this amendment because it fears
that this will result in an inevitable breach of competence with regard to
the attorneys who are appointed for clearly defined areas of competence.
The Ombud for Equal Treatment also found it unclear whether the steps
undertaken by a member of the Ombud for Equal Treatment in proceedings
before the Equal Treatment Commission, e.g. the withdrawal of a petition,
can even have legal effect outside of the statutory purview of an attorney.
Representation in
proceedings before
the Equal Treatment
Commission only by
one specialist
In their remarks to the AOB, the Federal Ministry of Education and Women’s
Affairs and the Federal Ministry of Labour, Social Affairs and Consumer
Protection did not share these misgivings. They pointed out that any
necessary clarifications between the individual members of the Ombud
for Equal Treatment can be undertaken either prior to the session of the
Equal Treatment Commission or during the session by way of a brief phone
conversation. Furthermore, the Ombud for Equal Treatment can change the
attorney representing the victim in the course of the session.
43
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