scientific insights must be at the forefront. In German-speaking countries outside of Austria, there are very ambitious research projects that
are dealing with key issues relating to the future (e.g. evidence-based
planning and construction in the health care sector). At the scientific
level, Austria seems to have some catching up to do. An Austria-wide
evaluation of existing construction regulations that builds on the results of research would be a first step towards progress.
A class-action lawsuit would be a particularly important instrument
to remove barriers. Even under the current government bill, only the
Class-action lawsuit is
necessary
Austrian Working Group for Rehabilitation can file a class-action lawsuit pursuant to the Federal Equal Opportunities for People with Disabilities Act. Thus far, this has never occurred. An expansion of the
standing to sue to other organisations is therefore urgently needed;
likewise, additional possibilities for interpleader action by qualified
organisations in proceedings.
For other protected groups, there are no possibilities for a class-action
lawsuit at all. A class-action lawsuit is necessary if no affected party
is willing to undertake a lawsuit, but the discrimination is “publicly”
apparent. This would be the case for discriminating advertisements
or General Terms & Conditions. The right to a class-action lawsuit
should be a key item in the amendment to equal treatment law.
Penalties and compensation for damages make sense theoretically in
order to prevent discrimination. Under the current draft law, compen-
Penalties and compensation for damages
sation for damages should be effective, commensurate and serve as
a deterrent. This demonstrates the correct intention of the regulation
and its orientation towards EU law; however, without parameters and
decision-making guidelines, it will be very difficult for courts to find a
consistent approach. It would therefore make sense to define measurement criteria for all areas of discrimination and to introduce minimum compensation for damages.
The AOB also recommends increasing and/or introducing a penalty
range under the Austrian Equal Treatment Act and the Employment
The AOB’s recommendations
of Disabled Persons Act to more than 360 euros, expanding the group
of persons entitled to file complaints, widening the area of prohibition
to include all goods and services, creating a registry of administrative
penalties and granting qualified organisations the legal standing of a
participating party. As demonstrated in the presentation of the individual cases below, there has already been an amendment to the penalty provisions of the Introductory Act to the Administrative Procedure
Acts 1991 after the AOB demanded improvements.
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