Equal Treatment and Workplace Discrimination in Austria

In Austria, employers must not disadvantage workers because of their sex, age or ethnic origin. This protection applies throughout the employment relationship, from recruitment to termination. The following overview explains the rules in 2026 and the organisations you can contact.

What counts as workplace discrimination?

Under the equal-treatment requirement (Gleichbehandlungsgebot), nobody may be disadvantaged because of their sex, age, ethnic origin, religion or worldview, sexual orientation or disability. However, discrimination based on disability is regulated by separate legislation and not by the Gleichbehandlungsgesetz (GlBG).

The law distinguishes between two types of discrimination:

• Direct discrimination (unmittelbare Diskriminierung): a person is treated less favourably than someone in a comparable situation because of one of the protected characteristics. For example, a foreign applicant is rejected despite having the same qualifications as a domestic applicant.
• Indirect discrimination (mittelbare Diskriminierung): an apparently neutral rule places a particular group at a disadvantage. For example, a company may prohibit part-time employees from becoming managers. If mainly women work part-time there, the rule may particularly restrict women’s career progression.

Indirect discrimination does not exist if the rule is justified by a legitimate objective and the measures used are appropriate and necessary.

Which stages of employment are covered?

In the private sector, the prohibition covers the entire employment relationship, including:

• starting the employment relationship and recruitment,
• setting pay,
• voluntary social benefits, such as loyalty bonuses or a company canteen,
• company training, further education and retraining,
• promotion,
• other working conditions,
• ending the employment relationship,
• harassment and sexual harassment.

It is also discrimination if a person is disadvantaged because they take parental leave (Elternkarenz), parental part-time work (Elternteilzeit), paternity leave or care leave. In these cases, discrimination based on sex does not also have to be established.

The rules apply to employees, homeworkers and people in positions similar to employees, such as free service contractors (freie Dienstnehmer).

Job advertisements must also comply

The obligation begins with the job advertisement. Companies, private recruitment agencies and the AMS must formulate advertisements in a gender-neutral and non-discriminatory way.

The advertisement must state the collective-agreement or statutory minimum salary and whether the employer is willing to pay more. Where there is no collective-agreement minimum salary, the salary serving as the basis for negotiations must be stated. This does not apply to people in positions similar to employees or to senior management positions. A breach may result in an administrative fine.

Examples of unlawful treatment

In the private sector, examples of unlawful discrimination include:

• treating an applicant unfavourably because of their sex rather than because they lack the required qualifications,
• paying someone less because of their sex despite equal performance and qualifications,
• sexual harassment by an employer, colleagues or customers,
• dismissing someone after their sexual orientation becomes known,
• rejecting an applicant because they are considered too old for the job,
• requiring “perfect German-language skills” for a role where this is not necessary, such as warehouse work.

Different treatment based on age may exceptionally be permitted if it is justified by an objective and proportionate legitimate aim, such as an employment-policy aim, and the measures are appropriate and necessary.

Where can you seek help?

Gleichbehandlungsanwaltschaft (GAW)

The Gleichbehandlungsanwaltschaft (GAW) provides advice and help with discussions with an employer and with a complaint to the commission. Its advice is free and confidential. The GAW has its headquarters in Vienna and regional offices in Graz, Innsbruck, Klagenfurt and Linz. Since July 2017, it has dealt with every ground and area of discrimination. Discrimination can also be reported anonymously through the GAW online form.

Gleichbehandlungskommission (GBK)

The Gleichbehandlungskommission (GBK) examines whether equal treatment has been breached and can mediate. The procedure is free, and you do not need a lawyer.

Arbeits- und Sozialgericht

The Arbeits- und Sozialgericht is the place to seek compensation or the withdrawal of a dismissal. The GBK itself cannot award compensation.

The Arbeiterkammer and trade unions also advise their members and may provide legal protection in court proceedings.

Different rules and bodies apply to federal state service, including the Bundes-Gleichbehandlungskommission and equal-treatment representatives. Separate provincial laws apply to provincial and municipal employees.

How does the commission procedure work?

1. An application can be submitted informally, including by a simple letter. It may be filed by the affected person, the works council, an employee representative organisation or the GAW.
2. A senate of the commission clarifies the facts through personal hearings. As a general rule, both parties are questioned together.
3. The parties receive the result in writing. If discrimination is established, the responsible party is asked to stop it.

An application can be withdrawn at any time, for example if an agreement is reached during the procedure.

Frequently asked questions

Can the commission award compensation?

No. The GBK cannot award compensation. You must apply to the court for this.

Can I approach the commission and the court at the same time?

Yes. The two options can be used independently. The court considers the commission’s findings, but is not bound by them. If it reaches a different conclusion, it must provide reasons.

Do I need a lawyer for the commission procedure?

No. A lawyer is not required, and the procedure is free.

Which senate is responsible?

Cases involving sex-based discrimination, including multiple discrimination connected with sex, are handled by Senate I. Workplace cases involving ethnic origin, religion, age or sexual orientation are handled by Senate II.

Practical steps

1. Identify the protected characteristic and the stage of employment involved, such as recruitment, pay, promotion or dismissal.
2. Contact the Gleichbehandlungsanwaltschaft (GAW) for free and confidential advice. You can also use its online form to report discrimination anonymously.
3. If appropriate, submit an informal application to the Gleichbehandlungskommission (GBK). The application may be a simple letter, and no lawyer is required.
4. Contact the Arbeiterkammer or your trade union if you are a member and need advice or possible legal protection.
5. Apply to the Arbeits- und Sozialgericht if you are seeking compensation or the withdrawal of a dismissal.

This article is based on information from online sources and is not legal advice. Use it at your own risk. For professional advice, contact a lawyer, legal professional, employment-law or labour-market specialist, or another relevant professional.

Source: oesterreich.gv.at