Sexual Harassment at Work in Austria: Your Rights and Where to Get Help

Sexual harassment at work in Austria is not a private matter but a legal violation covered by legal protection. This guide explains what may constitute harassment, the possible legal consequences and which organisations can provide assistance. The information is general and reflects the rules as of 2026.

What counts as sexual harassment at work?

Harassment can be visual, verbal or physical, and may also involve sexual coercion. Examples include:

• Pin-up or pornographic images in the workplace, including on a computer or mouse pad
• Staring, leering or whistling
• Ambiguous jokes and comments about someone’s appearance or private sexual behaviour
• Clearly sexual statements or unwanted invitations with an obvious sexual intention
• Telephone calls, letters, emails or SMS messages containing sexual suggestions
• Promising a professional benefit in exchange for sexual compliance, or threatening a disadvantage if the request is rejected
• Accidental or deliberate touching, such as grabbing or slapping someone’s buttocks
• Requests to engage in sexual acts or exhibitionist acts

In private employment, conduct is considered harassment when sexual behaviour violates a person’s dignity and is unwanted, inappropriate or offensive. It must create, or be intended to create, an intimidating, hostile or humiliating working environment, or otherwise have a negative or positive effect on the employment relationship.

Harassment outside the workplace can also have legal consequences, for example at a professional seminar.

Which laws provide protection?

Employees in the private sector are protected by the Federal Act on Equal Treatment (Gleichbehandlungsgesetz, GlBG). This applies not only to the person who commits the harassment, but also to an employer who fails to protect an employee from harassment by colleagues or customers. Instructing someone to harass another person is also prohibited.

In the public service, the Federal Equal Treatment Act (Bundes-Gleichbehandlungsgesetz, B-GlBG) applies. Harassment may also constitute a breach of official duties. The provinces have adopted rules with the same content for provincial and municipal employees.

How much compensation can be claimed?

In cases of sexual harassment at work, you are entitled to appropriate compensation of at least 1,000 euros (Schadenersatz). A claim may be made against:

• The person who committed the harassment: in every case
• The employer: if the employer culpably fails to take appropriate remedial action, such as issuing a warning, transferring someone or terminating employment
• The federal government (Bund): if an employer’s representative culpably fails to take appropriate action

The person responsible may also face criminal-law consequences.

When is sexual harassment a criminal offence?

Sexual harassment is also a separate criminal-law offence under the Criminal Code (Strafgesetzbuch, StGB). However, a sexual act is required, such as an indecent touching. Purely verbal statements do not constitute a criminal offence, although they may still qualify as harassment under employment law.

Deadline and competent authority

A compensation claim can be brought before a court within three years.

• Private sector: Labour and Social Court (Arbeits- und Sozialgericht)
• Contractual public employees (Vertragsbedienstete): Labour and Social Court (Arbeits- und Sozialgericht)
• Civil servants (Beamte): the competent service authority (Dienstbehörde)

How can you protect yourself?

Putting up with the behaviour, avoiding the person or leaving your job is not the solution. General guidance includes:

• Take your feelings seriously: your subjective experience matters.
• Reject the behaviour clearly and firmly, and ask for it not to happen again.
• Collect evidence and keep a written record of incidents, because the ability to prove what happened is ultimately important.
• Talk confidentially to people you trust.
• If the behaviour does not change, report it to your supervisors.

If you make the matter public, be prepared for the accused person to deny the allegations. Defamation proceedings (üble Nachrede) may also follow, so consider seeking support from allies such as the works council (Betriebsrat).

Where can you get help?

• Equal Treatment Ombudsperson’s Office (Gleichbehandlungsanwaltschaft)
• The provincial Chambers of Labour (Arbeiterkammer, AK)
• The women’s department of the Austrian Trade Union Federation (ÖGB)
• Austrian Bar Association (ÖRAK): “Erste Anwaltliche Auskunft”, free advice centres in the provinces

Practical steps

1. Write down what happened, including dates, locations, people involved and any witnesses.
2. Keep relevant messages, emails, documents and other evidence.
3. Clearly tell the person to stop, if it is safe for you to do so.
4. Report the conduct to a supervisor and consider contacting the Betriebsrat.
5. Seek confidential advice from the Gleichbehandlungsanwaltschaft, Arbeiterkammer, ÖGB or ÖRAK.
6. Remember that a compensation claim must be brought within three years. For advice about your specific situation, contact a lawyer or another qualified employment-law professional.

This article is general information and is not legal advice. Use it at your own responsibility. If you need professional advice, contact a lawyer, legal professional, healthcare professional, employment-law specialist or another relevant professional.

Source: oesterreich.gv.at