
Introduction to the Equal Treatment Act (GlBG)
In Austria, the most recent federal law that aims at protecting people at work and, in part, elsewhere in life was passed in 2004 and is entitled the Federal Equal Treatment Act (Gleichbehandlungsgesetz - GlBG). In addition to the federal Equal Treatment Act, its federal states (the so-called Länder) themselves have enacted separate laws concerning equal treatment and anti-discrimination. The reason federal states may do so stems from states being granted jurisdiction over certain (other) areas by the Austrian constitution. The Austrian constitution distributes competences in such a way that, on the one hand, Austria may enact a federal law and the states, on the other hand, may equally do so concerning the same topic, but within a different area.
It is important to distinguish the Equal Treatment Act from the Federal Equal Treatment Act (B-GlBG). While the Federal Equal Treatment Act ensures equal treatment and protection against discrimination to employees of the federal government, the Equal Treatment Act covers all other employment.
This module deals exclusively with the Equal Treatment Act, in particular parts I and II of the Equal Treatment as they relate to employment.
Part III deals with other areas outside employment while part IV regulates the principles of equal treatment in agriculture and forestry.
But what exactly is discriminatory treatment?
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