Beste Sexuelle Belästigung Anwälte in Österreich

1. About Sexuelle Belästigung Law in Austria

Sexuelle Belästigung covers unwanted sexual conduct or remarks that create a hostile or intimidating environment. In Austria, protection against such conduct is provided through civil and criminal law, as well as workplace rules. Victims can pursue remedies through civil claims, complaints to authorities, or internal workplace processes.

Two key pillars are the Gleichbehandlungsgesetz (GBG) and the Strafgesetzbuch (StGB). The GBG prohibits discrimination and harassment in employment and education on grounds including sex, gender, and sexual orientation. The StGB criminalizes certain sexual offenses and coercive behavior, which can apply to serious or repeated harassment.

Employers also have duties to prevent harassment and to act when complaints arise. Remedies may include compensation, orders to stop harassment, workplace measures, and discipline for the responsible party. For many cases, timely action and clear documentation help protect rights and facilitate a quicker resolution.

RIS - Gleichbehandlungsgesetz (GBG) establishes equal treatment in employment and prohibits sex-based harassment. See: RIS - Rechtsinformationssystem.

Statistik Austria and official resources highlight that harassment affects workplace safety and equality, underscoring the importance of effective remedies. See: Statistik Austria.

2. Why You May Need a Lawyer

Legal guidance helps you navigate complex rights, procedures, and remedies when facing Sexuelle Belästigung in Austria. A qualified attorney can tailor strategies to your situation and jurisdiction.

• A supervisor makes repeated sexual advances after you refused and threatens your job security, creating a coercive work environment.
• A coworker sends explicit messages and posters at work, which your employer fails to stop after you complain, affecting your ability to work.
• During a job interview, an interviewer makes lewd comments or requests sexual favors that degrade your chances of employment.
• A university lecturer makes continual unwanted sexual remarks in class, and the university’s internal processes do not resolve the issue promptly.
• You are subjected to online harassment by a colleague, including explicit messages or images, with persistent behavior despite requests to stop.
• Your employer refuses to take credible action after a harassment report, potentially exposing other employees to risk and triggering liability questions for the company.

3. Local Laws Overview

Important statutes and regulations shape how Sexuelle Belästigung is addressed in Austria. For current text and amendments, consult official legal resources.

• Gleichbehandlungsgesetz (GBG) - Federal law on equal treatment in employment and occupation, prohibiting discrimination and harassment based on sex and related characteristics. This law directly affects workplace conduct and remedies for victims.
• Strafgesetzbuch (StGB) - Criminal code that covers offenses related to sexual acts, coercion, and related harmful behaviors. Depending on circumstances, harassment can lead to criminal charges and penalties.
• Arbeitsverfassungsgesetz (ArbVG) - Governs relationships between employees and employers on the worksite, including duties to ensure a safe, non-discriminatory workplace and avenues for complaints and remedies.

Recent changes and interpretations have focused on strengthening protections against harassment and clarifying employer responsibilities. For the current text, you can review the official acts in the Rechtsinformationssystem (RIS) and related government resources.

RIS provides current versions of the GBG and the StGB and shows how amendments align with EU directives on equal treatment. See: RIS - Rechtsinformationssystem.

Practical considerations include which avenue to pursue (civil, criminal, or administrative) and how timelines differ. An attorney can help assess whether a complaint should be filed with the court, police, or an internal body such as a company ombudsman.

4. Frequently Asked Questions

What qualifies as sexual harassment under Austrian law in the workplace?

Unwanted sexual advances, comments, or conduct that creates an intimidating or hostile environment qualify as harassment in many cases. The GBG protects employees and applicants from such discrimination in employment settings.

How do I report sexual harassment to authorities in Austria?

You can report to your employer as a first step, and if unresolved, contact the police or a public prosecutor. An attorney can help formulate a formal complaint and preserve evidence for investigation.

When can I file a civil claim for damages due to harassment in Austria?

Civil claims may be pursued when harassment caused financial or non-monetary harm. Time limits depend on the nature of the claim and any contract or employment agreement terms.

Where can I access free or low-cost legal advice about sexual harassment in Austria?

Workers can consult the Austrian Chamber of Labour (AK) for guidance. University legal clinics and non-profits may offer low-cost services; a lawyer can provide a tailored assessment.

Why is the Gleichbehandlungsgesetz important for harassment cases?

GBG creates the framework to challenge discrimination and to demand remedies at work. It also informs how employers must address complaints and prevent recurrence.

Can I press criminal charges for harassment or only pursue civil remedies?

Both paths may be available. Criminal charges apply to specific offenses, while civil remedies can seek damages and injunctions. An attorney can explain which route fits your facts.

Should I document all incidents and preserve evidence in Austria?

Yes. Collect emails, messages, witnesses, and records of incidents with dates and times. This strengthens both civil and criminal actions and supports internal investigations.

Do I need a lawyer to start a harassment complaint in Austria?

While you can file some complaints yourself, a lawyer helps ensure the correct procedures, evidence handling, and strategic options, especially for complex or ongoing cases.

Is there a time limit for reporting harassment in Austria?

Time limits depend on the claim type (civil vs criminal) and jurisdiction. Prompt action improves the chances of securing remedies and evidence preservation.

How much does hiring a sexual harassment lawyer in Austria typically cost?

Costs vary by case complexity and region. Many lawyers offer initial consultations; some provide fixed fees for certain services, or hourly rates with an estimate upfront.

What’s the difference between criminal and civil remedies for harassment in Austria?

Civil remedies aim at compensation and preventive orders within the workplace. Criminal remedies involve penalties under the StGB for offenses and possible public prosecution.

How long do harassment investigations or cases typically take in Austria?

Criminal investigations can take several months to years, depending on complexity. Civil actions may also extend over months, especially if appellate steps occur.

5. Additional Resources

These official resources provide information, guidance, and avenues for support in Austria.

• Justiz - Austrian Ministry of Justice - Official information on criminal procedures, complaints, and legal remedies. https://www.justiz.gv.at
• Arbeiterkammer (AK) - Chamber of Labour - Free guidance and referrals for workers, including harassment and discrimination concerns. https://www.arbeiterkammer.at
• Statistik Austria - Official statistics and reports on workplace demographics, discrimination, and related topics. https://www.statistik.at

6. Next Steps

1. Document the situation immediately by gathering messages, emails, witnesses, and a timeline of incidents.
2. Decide whether to pursue internal remedies with your employer, file a complaint with authorities, or seek civil action with a lawyer.
3. Identify a lawyer who specializes in Sexuelle Belästigung and employment or criminal law in Austria; request a focused initial consultation.
4. Prepare a concise file for the consultation, including a summary of events, evidence, and any prior communications with HR or supervisors.
5. Obtain a written engagement letter and discuss fees, expected timelines, and potential outcomes with your counsel.
6. Begin the chosen legal path (internal complaint, police report, or civil action) and follow your attorney's timetable for filings and responses.
7. Review progress regularly with your lawyer and adjust strategies if new evidence emerges or if responses from parties change.