Regulation amended
A reaction to criticism by the AOB was expressed within the scope of
an evaluation of the Assessment Regulation by the Federal Ministry
of Labour, Social Affairs and Consumer Protection: PKU was granted equal status as celiac disease so that parents of children suffering
from PKU received the increased family allowance for the first time.
Individual case: VA-BD-JF/0121-A/1/2011
Gender discrimination
Discrimination in filling a leading position of a regional Public
Employment Service Austria office
Gender-stereotypical assignment of roles in job application procedures are not harmless offences but human rights violations.
Allegation of gender
discrimination
Ms. N. contended vis-à-vis the AOB that she had been discriminated
against because of her gender in the application procedure for a leading position in a regional office of the Public Employment Service
Austria Burgenland.
She is a civil servant in the Public Employment Service Austria, a private company providing public services, and since 1983, she has been
working as a consultant in a directly adjacent organisational unit.
On 7 January 2009, she applied for a leading position that had been
put out to tender by way of an internal announcement. In her application, Ms. N. noted that she had experience in project management,
including in the sector of advancement of women. She was the only
woman among the total of four applicants.
Review Commission
recommendation
The Review Commission expressly noted that all four persons fulfilled
the tender requirements. Based on the standard preference rule in favour of female candidates when all candidates are equally qualified
made standard in the Federal Equal Opportunities Act, the Commission recommended entrusting Ms. N. with the leading position.
Regional Board of
Directors awarded the
position to the man
After a hearing, however, the Regional Board of Directors of the Public
Employment Service Austria decided unanimously on 6 February 2009
to entrust the management of the regional office to a male candidate.
Ms. N. then requested an expert opinion from the Federal Equal Opportunities Commission. In her petition, she stated specifically, but
not exclusively that at the hearing on 6 February 2009 on the topic
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