Discrimination and harassment at work, including sexual harassment, are covered by the Equal Treatment Act (GlBG). It prohibits unequal treatment on protected grounds of discrimination (e.g. gender, age, ethnic origin, religion, sexual orientation). You may be able to claim compensation for financial loss and for non-material damage (for harassment, there is a minimum amount – as a guideline, at least €1,000). There is no specific legal provision on ‘bullying’. It can only be addressed through the GlBG, the employer’s duty to look after the employee’s welfare and the protection of personality rights – not all bullying can be taken to court. Watch the time limits.
Persistent belittling, exclusion or unequal treatment at work takes its toll – professionally and personally. If it is happening to you, you will first want to know whether what you are experiencing is legally relevant at all, and which steps make sense. This page gives you a factual overview: what the law protects, what claims you may have and where the limits of legal action lie. We advise you on this calmly, clearly and realistically.
Discrimination under the Equal Treatment Act
The Equal Treatment Act (GlBG) prohibits unequal treatment in the employment relationship on certain protected grounds. These include gender, as well as ethnic origin, religion or belief, age and sexual orientation, among others. The protection covers every stage of the employment relationship – from its start through remuneration and promotion to its termination.
(Sexual) harassment
The GlBG also expressly covers harassment and sexual harassment. This means unwanted conduct that undermines a person’s dignity and creates an intimidating, hostile or humiliating environment. Harassment can come from the employer, from colleagues or from third parties – and the legal consequences differ depending on who is responsible.
What claims you may have
If there is discrimination or harassment within the meaning of the GlBG, two types of compensation are generally available:
- Financial loss: Compensation for specific financial disadvantages – for example lost remuneration or a promotion you were denied.
- Non-material damage: Compensation for the personal impairment you have suffered. For harassment, the law sets a minimum amount (as a guideline, at least €1,000).
To be honest: ‘bullying’ is not a legal category of its own
However distressing bullying is, Austrian law has no specific legal provision on ‘bullying’. It can only be addressed in law through other provisions:
- the Equal Treatment Act, where a protected ground is involved;
- the employer’s duty of welfare, which requires the employer to provide a working environment that employees can reasonably be expected to accept;
- the general protection of personality rights (for example protection of a person’s honour and personality rights).
This leads to an important and often uncomfortable point: not all bullying can be taken to court. A harsh management style, conflicts within the team or isolated unfair incidents do not automatically give rise to a legal claim. Whether the facts give you claims you can pursue depends very much on the individual case – we tell you openly what is realistic.
The employer’s duty to take remedial action
If the employer learns of harassment or discrimination, they have a duty to take remedial action: they must take appropriate measures to prevent any further harm. If they fail to act, they can become liable themselves – regardless of who carried out the harassment in the first place. If you are affected, it is therefore essential to raise the conduct with your employer in a way you can prove later.
Securing evidence: records and witnesses
Discrimination and harassment cases often turn on what can be proved. If you want to pursue claims, you should secure evidence early:
- Records: Note down incidents as soon as possible, with the date, place, people involved and exactly what happened. Keep relevant emails, messages or documents.
- Witnesses: Make a note of anyone who saw or heard the incidents.
- Reporting: Keep a record of when you raised the matter with your employer (or a relevant body) – this matters for the duty to take remedial action.
Secret audio recordings or looking through other people’s data can be legally problematic – please take legal advice before taking such steps.
How we help
We support you objectively and without exaggeration: we assess your case in legal terms, check which time limits, if any, are running and give you an honest assessment of your prospects of success. Where possible, we look for an out-of-court solution. Where necessary, we represent you before the Vienna Labour and Social Court (ASG Wien) – with a strategy tailored to your case.
Contact: Teamanwälte, Mag. Johannes Bügler · Baumgartenstraße 82, 1140 Vienna · Phone +43 1 419 13 18 · office@teamanwaelte.at. Make an appointment for an unhurried initial assessment of your case.
For an overview of the whole area, see our page Employment & social security law. Related page: Challenging a termination – for example if you face termination for a prohibited motive after making a complaint.
Note: This page provides general information and does not replace legal advice on your individual case. The amounts and time limits stated (in particular the minimum amount for harassment and the time limit for bringing a claim in court) are guideline figures; they depend on the type of claim and may change. We give no guarantee of success. For a binding assessment of your situation, please book a personal consultation.