Labor law (AT)
Equal Treatment Act (GlBG)
Also: GlBG · Equal Treatment · Anti-discrimination
The Equal Treatment Act prohibits discrimination in the workplace — including gender, age, origin, religion, ideology, sexual orientation, or disability. It applies from the job ad through selection to termination.
Key Points
- Prohibits discrimination based on gender, ethnic origin, religion or ideology, age, and sexual orientation.
- Applies throughout the entire employment cycle: from job ad through selection and compensation to termination.
- Selection criteria must be objective and relate to the task.
- Affected parties can contact the Equal Treatment Advocacy and the Equal Treatment Commission; damage claims may arise.
- Additionally, the Disabled Persons Employment Act applies to persons with disabilities.
What does the Equal Treatment Act protect?
The Equal Treatment Act prohibits both direct and indirect discrimination in the workplace. Protected characteristics include gender, ethnic origin, religion or belief, age, and sexual orientation. Harassment, including sexual harassment, is also covered. For persons with disabilities, the Disability Employment Act applies additionally.
Protection begins from the job advertisement and extends through selection, remuneration, promotion, and training to the termination of the employment relationship.
What does this mean for recruiting?
For recruiting, this means that selection criteria must be objective (related to the task). Questions and requirements linking to protected characteristics are generally inadmissible, e.g., regarding family planning, age, or origin, unless exceptionally essential for the role.
Compliance in Recruiting
Transparent, documented selection decisions protect against allegations of discrimination. This is where an explainable, documented candidate selection plays a key role – decisions remain verifiable and task-oriented.
How is the law enforced?
- The Equal Treatment Advocate offers free and confidential advice to those affected.
- The Equal Treatment Commission examines whether discrimination has occurred.
- In cases of violation, there are claims for damages – for instance, in cases of discriminatory non-hiring or pay discrimination.
Frequently Asked Questions
- When does the Equal Treatment Act apply in the application process?
- From the job advertisement. Even the job posting must not be discriminatory, and the entire selection must be based on objective, task-related criteria.
- Are questions about age or family planning allowed?
- Generally no. Questions that relate to protected characteristics such as age, gender, or family planning are regularly inadmissible in the selection process because they are not objectively related to the task.
- What are the consequences of discrimination in hiring?
- Affected individuals can claim damages. The amount depends on whether they would have received the position without discrimination or if it pertains to compensating the impairment suffered.
Note: This entry provides an overview to the best of our knowledge (as of: July 2026) and does not replace legal advice. Binding information is provided by the Chamber of Labour and the relevant trade union.