Duties of Equal Treatment Officers – Prohibition on discrimination pursuant to Section 28 of the Salzburg Equal Treatment Act [Salzburger Gleichbehandlungsgesetz – S.GBG]
General information
In addition to the requirement to treat all people equally in employment and (further) education and training without any differentiation based on race or ethnic origin, religion or belief, disability, age or sexual orientation, the Anti-Discrimination Directive imposes a wider equal treatment obligation in the areas of health, social matters, and access to and provision of publicly available goods and services, including housing and education. This equal treatment obligation applies to all areas of law in which the provincial legislator has regulatory powers.
Therefore, in accordance with Section 28, provincial bodies, municipalities, municipal associations und self-governing bodies governed by provincial law are forbidden from discriminating against anyone on the grounds listed in Section 1 (gender, ethnic origin, religion, beliefs, age, sexual orientation or disability), whether directly or indirectly, in discharging their sovereign or private-sector management tasks.
This prohibition on discrimination applies to both natural and legal persons insofar as their activities fall under the province’s legislative competence.
Categories of persons protected under Section 28 S.GBG also include citizens of European Union Member States, other States party to the EEA Agreement, or Switzerland, as well as those who must be treated as such persons in accordance with the provisions of EU law or other legal acts governing the integration of these persons (Section 40(1a) S.GBG).
Requirements
The prohibition on discrimination under Section 28 S.GBG applies to the performance of tasks in the following areas, insofar as these areas are governed by provincial law:
1. health;
2. social matters;
3. access to, and provision of, publicly available goods and services, including housing;
4. education, including vocational education and further education;
5. the founding, establishment or expansion of an undertaking or the commencement or extension of any other type of employed or self-employed activity.
However, there is no discrimination under Section 28:
1. in the event of unequal treatment on the grounds of nationality if this is provided for by law or objectively justified and is not contrary to any of the provisions of Community law or other legal acts relating to European integration;
2. in the event of unequal treatment that does not constitute discrimination under Section 6 S.GBG (e.g. if the unequal treatment is objectively justified and appropriate);
3. in matters of equal treatment in the civil service in accordance with Part 2 of the S.GBG, which lays down rules specific to the civil service;
4. in matters governed by the Salzburg Agricultural Labour Ordinance [Salzburger Landarbeitsordnung] 1995.
Required documents
No specific form – please contact the relevant body by telephone, email, in writing, in person, etc.
Procedure
The Equal Treatment Officer must note and respond to equal-treatment-related queries, wishes, complaints, notifications and suggestions made by those who believe that they have been discriminated against under Section 28 (Section 40(2)), inform them of their rights and how they can take action in response to breaches of the obligations under this law, and support them in asserting their rights (Section 40(3)).
In the event of discrimination under Section 28, the Equal Opportunities Officer may carry out an independent investigation, issue reports and make recommendations relating to discrimination under Section 28 to the bodies concerned.
Costs and fees
The procedure is free of charge.
Deadlines
No data available
Legal bases
Section 28 et seq. in conjunction with Section 40 of the Salzburg Equal Treatment Act (S.GBG), Provincial Law Gazette [LGBl.] No 31/2006, as amended.
Means of redress or appeal
There are no legal means of appeal in the case of an ad hoc informal procedure.
However, in legal proceedings, an appeal can be filed against the court’s decision.
Further information
Filing a claim for compensation (Section 29 S.GBG):
(1) Anyone who has been discriminated against in a manner contrary to Section 28 may file a claim for appropriate compensation. This includes compensation for both financial loss and personal injury, with a minimum amount of EUR 400.
(2) The claim must be brought before a court of law. In the case of legal proceedings, a claimant who alleges that they have been discriminated against must merely establish that this is indeed the case. In particular, if the defendant denies that there has been any discrimination, the claimant’s case must prove that:
1. there was another reason behind the difference in treatment; or
2. the requirements of Section 28(3) were met.
(3) People exercising their rights on the basis of an alleged breach of the prohibition on discrimination under paragraph 2 may not be discriminated against in any way as a result of their exercise of such rights. Discrimination on these grounds is equivalent to discrimination on the grounds specified in Section 1.
(4) Professional interest groups and associations that, in accordance with the purposes set out in their articles of association, have a legitimate interest in complying with the prohibition on discrimination, may also bring claims under paragraph 1 on behalf of the aggrieved person, provided that they have this person’s consent to do so.
Competent authority
Equal Treatment Officer of the Province of Salzburg [Gleichbehandlungsbeauftragte des Landes Salzburg]
Ms Karoline Brandauer
Michael-Pacher-Straße 28
Tel. 0043 662 8042-4042 Fax: DW 4050
Email: frauen@salzburg.gv.at
Authentication and signature
Assistance and problem-solving services
No data available
Link to form
No data available
Responsible for the content
Province of Salzburg
Referat Frauen, Diversität, Chancengleichheit [Women, Diversity and Equal Opportunities Unit]
Michael-Pacher-Straße 28, 5020 Salzburg
Tel.: +43 662 8042-4042
Fax: +43 662 8042-4050
Email: frauen@salzburg.gv.at
https://www.salzburg.gv.at
Data protection
The General Data Protection Statement of the Office of the Salzburg Provincial Government will be handed to the complainant, and the following declaration of consent must be signed.
Consent to the General Data Protection Statement
I can withdraw my consent at any time. Withdrawing my consent shall have no effect on
any data processing that has already been carried out (in terms of data being passed on to third parties) until the notification of my consent being withdrawn has been received.
I have taken note of the General Data Protection Statement of the Office of the Salzburg Provincial Government and the District Authorities in the Province of Salzburg as regards the General Data Protection Regulation (GDPR). A printed copy was handed to me to keep.
Last update
08.06.2021