The Working Group for Equal Treatment Issues (AKG) is happy to inform, advise and support you in all matters relating to equal treatment and equality between men and women.
More information: AKG-Folder
The AKG is not a decision-making body.
It advises and exercises accompanying control.
General Information
Who are we?
Gremium
The AKG is a university body provided for by law (in § 42 UG), in which professors, members of academic and general staff and students participate. According to the charter, the AKG at the University of Klagenfurt has 20 members and 12 substitute members. The current members and chairpersons.
AKG-Office: Information, coordination and advice centre
The AKG as a committee is supported by the office of the working group (AKG office). You can contact the AKG office with any enquiries, complaints, reports or suggestions relating to equal treatment that concern the working group’s area of activity.
The task of the AKG-office is to support the working group with
- legal and all other content-related and administrative tasks
- providing legal advice to university members who are affected by discrimination, harassment, bullying or stalking
- participation in gender-equitable personnel and structural development
| Contact: | Head of the AKG-Office David Sabitzer |
| Room: | Lakeside Park | B01.1.311 |
| Email: | akg [dot] buero [at] aau [dot] at |
| Phone: | +43 463 2700 8639 |
What do we do?
The AKG’s task is to prevent discrimination by university bodies on the basis of
- gender,
- ethnic affiliation
- religion or world view,
- age or
- sexual orientation
and to advise and support members and bodies of the university in these matters. Since November 2023, discrimination based on care responsibilities has also been better enshrined in law. In connection with discrimination and harassment based on the protected characteristics, we carry out awareness-raising work, work in an advisory and monitoring capacity as part of personnel and appointment procedures and offer counselling.
The AKG also deals with issues relating to the advancement of women (§ 42 (1) UG in conjunction with § 41 (2) B-GlBG). In this context, we review the 50% quota for women in university collegial bodies. This includes the University Council, the Rectorate and collegial bodies appointed by the Senate, as well as the nominations of the groups represented in the Senate for election to the Senate. In addition, a resolution of the AKG is required to issue or amend the women’s advancement and equal opportunities plan (parts of the charter).
In order to fulfil its tasks, the AKG is granted extensive rights of information, control and participation.
What don’t we do?
The AKG cannot
- issue notices, warnings, instructions or other types of labour law or sovereign measures,
- revoke notices, warnings, instructions or other labour law or sovereign measures,
- make (declaratory) decisions with regard to the existence of discrimination, harassment or bullying,
- represent parties in court.
The AKG is not responsible for
- ensuring ‘general’ equal treatment. We advise on discrimination and harassment based on the protected characteristics. The requirement for equal treatment under labour law must be upheld by the university and is the responsibility of the workers’ councils (see other contact points).
- discrimination unrelated to an employment relationship or studies at the university (e.g. in the private sector or in the private sector – see further contact points).
- discrimination on the grounds of disability (see further contact points).
For whom are we here?
The AKG is responsible for all members of the university:
- for students and applicants
- for habilitation candidates
- for general university staff including applicants for general university staff positions
- for academic university staff including applicants for academic university staff positions
Discrimination, Harassment, Bullying and Stalking
‘All members of the University are obliged to refrain from and prevent harassment, sexual harassment, bullying and stalking and to promote respectful, cooperative behaviour between members of the University.’
§ 5 (1) Charter Part E/III Equal Opportunities Plan
Information on the forms of violence
The forms of violence – discrimination, harassment, bullying and stalking – are regulated differently at various levels. We make a rough distinction between private law, criminal law and administrative law. The prohibition of discrimination, harassment, bullying and stalking in the University’s charter, as quoted above, is also to be seen under private law.
Private Law
Private law governs the relationships between those subject to the law (university members). Private law also includes large portions of labour law and equal treatment law. Private law does not recognise penalties per se. This area of law deals with the enforcement of certain rights such as the omission of actions (e.g. discrimination), the claiming of benefits (e.g. salary, further training, etc.) or contesting dismissals.
If these options are not sufficient to restore the lawful state, there is also the option of claiming damages. Compensatory damages are intended to restore the original situation and do not have a punitive function (unlike in the United States, where punitive damages exist). Compensatory damages are claimed by those affected and any money won in court is paid to those affected. A claim can be withdrawn.
Criminal Law
Criminal law is the red line of our society. This is where we say, through our representatives in parliament, that certain actions are so reprehensible that the state may interfere with our rights and punish us with a fine or prison sentence for our actions. Criminal law has a punishment function.
As a rule, victims and witnesses can report criminal offences to the police or public prosecutor’s office. The public prosecutor’s office brings charges against the accused and the court (depending on the offence, by a single judge or a court of lay and professional judges or a jury) decides on guilt and punishment. Fines go to the state.
- In the case of official offences, i.e. criminal offences that are to be prosecuted ex officio, the victims of the offences have no legal option to initiate or end the proceedings themselves. If the police or public prosecutor’s office become aware of the offence, they must investigate if there is an initial suspicion and, if there are sufficient facts, bring charges.
- In the case of authorised offences, the victim must authorise the public prosecutor’s office to investigate and bring charges.
- In the case of private prosecution offences (e.g. insult), it is the victim and not the public prosecutor’s office that brings charges.
Administrative Law
Administrative law regulates what administrative bodies (i.e. the state) can and must do. In administrative law, fundamental rights are of particular importance because state bodies must respect our fundamental rights when they act in a sovereign capacity and, to a certain extent, also when they act in a private capacity. For example, when acting in a sovereign capacity (e.g. awarding academic degrees by means of a decision), the university must take into account the constitutional principle of equality in accordance with Art 7 of the Federal Constitution and Art 2 of the Basic Law, but also, for example, respect family and private life in accordance with Art 8 of the ECHR (names and gender diversity).
There are also penalties in administrative law. Certain actions do not constitute a criminal offence and therefore cannot be prosecuted, but are nevertheless undesirable. In these cases, there is administrative criminal law. Examples would be ‘speeding tickets’ under the Road Traffic Act.
There are a few administrative provisions relating to discrimination. Probably the best-known provision in administrative law is the administrative penalty in the Introductory Act to the Administrative Procedure Acts. If a person discriminates against another on the grounds of race, colour, national or ethnic origin, religious belief or disability, or prevents him or her from entering places or using services intended for general public use, he or she may be fined.
The AKG mainly deals with civil law aspects of these forms of violence. Specifically, it deals with protections under labour law and equal treatment law. This is about protection and redress and not about punishment!
In the area of criminal and administrative law, we can only provide information on principles and generally have to refer to other bodies.
Discrimination
Term from a legal perspective
There are several laws in Austria that regulate discrimination and harassment. They all have their origins in European Union directives. Discrimination is primarily defined and prohibited under civil law. Those affected by discrimination can defend themselves legally (injunction, enforcement of benefits, contestation of dismissal, etc.) or claim damages. The Federal Equal Treatment Act (B-GlBG) applies at the university.
The B-GlBG distinguishes between direct and indirect discrimination:
- Direct discrimination occurs when a person experiences less favourable treatment than another person experiences, has experienced or would experience in a comparable situation on a ground specified in the Act.
- Indirect discrimination occurs when apparently neutral provisions, criteria or procedures may put persons belonging to one of the groups specified in the law at a particular disadvantage compared to other persons, unless the provisions, criteria or procedures in question are objectively justified by a legitimate aim and the means of achieving this aim are appropriate and necessary.
- Discrimination also occurs when a person is instructed to carry out discriminatory behaviour.
- Discrimination also occurs if a person is discriminated against on the basis of their close relationship to a person because of their gender.
Protected characteristics (in accordance with the Universities Act 2002 and the Federal Equal Treatment Act)
- gender,
- care and caring responsibilities,
- ethnicity,
- religion or world view,
- age or
- sexual orientation.
Prohibition of discrimination in connection with an employment or training relationship
No-one may be directly or indirectly discriminated against in connection with an employment or training relationship on the basis of the protected characteristics.
This applies in particular
- when establishing the employment or training relationship,
- in the determination of remuneration,
- when granting voluntary social benefits that do not constitute remuneration,
- in the case of internal training and further training measures,
- career advancement, in particular promotions and the allocation of higher-paid positions (functions),
- other working conditions and
- the termination of employment or training contracts.
Prohibition of discrimination in connection with a degree programme
The protection against discrimination at the university also applies to students and applicants.
No one may be directly or indirectly discriminated against in connection with a degree programme on the basis of the protected characteristics.
This applies in particular
- in the admission to regular or non-degree programmes,
- access to courses with participation restrictions,
- when registering for examinations,
- in the organisation of courses and examinations,
- in the assessment of academic success,
- in determining the topic and supervision of the bachelor’s, master’s/diploma thesis or dissertation and
- in granting the opportunity to use the relevant university facilities.
Harassment
The term from a legal perspective
Harassment is defined under civil law in the Federal Equal Treatment Act (B-GlBG). In the logic of the law, sexual and gender-related harassment is discrimination on the basis of gender. Any harassment based on one of the other protected characteristics is considered other harassment. Other harassment is also discrimination within the meaning of the B-GlBG. Harassment within the meaning of the law is expressly declared as a breach of duty in accordance with § 9 B-GlBG and can result in corresponding sanctions.
Harassment occurs when
- unwanted behaviour is engaged in that is related to a protected characteristic,
- which impairs the dignity of the person concerned or is intended to do so,
- is unwanted, inappropriate (degrading, insulting) or offensive to the person concerned and
- creates or is intended to create an intimidating, hostile(, degrading, offensive) or humiliating working environment for the person concerned.
The offence of ‘harassment’ is intentionally defined very broadly. This means that legal action can be taken under civil law even if a low threshold is exceeded. Harassment within the meaning of the B-GlBG can also occur in the case of jokes or other statements.
ATTENTION: ‘Sexual harassment and public sexual acts’ is an offence in the Criminal Code. However, the offence is not the same as sexual harassment in the B-GlBG. Sexual harassment is only punishable as a criminal offence if it involves touching, but is already prohibited under civil law and can be combated beforehand.
Socio-scientific categorisation
No form of harassment is a trivial offence. Harassment is not based on reciprocity, but on the exercise of power and superiority. It violates the dignity of those affected through verbal, non-verbal, open or hidden assaults (e.g. unwanted comments of a sexual or gender-related, racist, homophobic, xenophobic, Islamophobic nature, unwanted comments or jokes about the appearance of employees and students, unwanted requests for sexual acts, etc.) and should therefore also be seen as physical or psychological violence.
Harassment is one of the most serious forms of impairment in the workplace!
Do not accept harassment unchallenged!
FAQ
What is sexualised violence?
The term sexualised violence is used in social science when it is associated with demonstrations of superiority and power that cannot be attributed to (healthy) sexuality and whose aim is to intimidate, coerce and discriminate. Sexualised harassment also counts as sexualised violence. Sexualised harassment also affects men and, in particular, inter*, trans* and non-binary people. From a legal perspective, sexualised violence generally falls under the offence of sexual or gender-based harassment.
What constitutes sexual harassment at work and university?
Sexual harassment includes unwanted, sexualised physical touching, sexual acts and requests. It also includes unwanted comments of a sexual nature and the unwanted display and visible attachment of pornographic images.
How can I defend myself?
As a first step, it is important that you take a clear stance towards the harasser and set boundaries. Another step is to involve third parties in order to find supporters, clarify the facts and weigh up your legal options. Contact the AKG and get expert advice.
What options do I have as a witness?
If you witness harassment, offer your help. Clarify with the person concerned what kind of support they would like. It is important that you do not do anything against the person’s will. You can contact counselling centres yourself to clarify your options as a witness. During the counselling session, however, you must maintain the anonymity of the persons involved and treat the information confidentially.
What do I have to do as a manager?
As a manager and supervisor, you are subject to the employer’s duty of care (Section 18 of the Salaried Employees Act) as well as the obligations of the Federal Equal Treatment Act, according to which you are liable for failing to take appropriate remedial action. You must take action as part of your official duties. This means that all necessary measures must be taken to protect the harassed person from further harassment. Here too, the AKG can provide you with advice and support.
Documents
Further information for courses: Sexual harassment (DE and EN)
Bullying
Term from a legal perspective
There is no comprehensive legal definition of bullying in Austria. Other options must therefore be found to defend oneself legally. These can be, for example, breaches of duty of care or general compensation for damages, provided that damage has occurred. The courts generally adhere to the social science definition of bullying. The following definition can also be found in the University’s Equal Opportunities Plan (Statutes Part E/III).
Term from a social science perspective
Bullying is a process characterised by negative communicative actions against a person. This process is repeated at regular or irregular intervals and takes place over a longer period of time. The aim of bullying attacks is to degrade, ostracise, create an imbalance of power, discriminate against, damage the mental, physical and social health of those affected or force them out of their job or place of study. A distinction is made between
- Bullying (university members at the same level take action against each other)
- Bossing (employees are bullied by their superiors) and
- Staffing (employees bully their superiors).
Bossing and staffing also apply analogously to the relationship between students and lecturers.
FAQ
What is the background to bullying?
Bullying is more than just a conflict. Bullying is when there is systematic hostility at the workplace or place of study with the aim of expelling the person concerned from working or studying life.
Bullying is characterised by the following features
- Conflictual or hostile communication in the workplace (words, gestures, refusal to talk)
- frequent attacks on a person over a longer period of time
- personal and unfair attacks that result in the person concerned being clearly inferior on a permanent basis
What is cyberbullying?
Cyberbullying is also known as cyberstalking and is located at the interface between bullying and stalking. In the German Criminal Code, it is prohibited under the offence of ‘persistent harassment by means of telecommunications or a computer system’ in accordance with Section 107c StGB.
What can I do as a victim?
Bullying is always a form of psychological violence. It is recommended to document incidents and secure evidence. The AKG offers support and legal advice in cooperation with other contact points, in particular the Health Management, Safety and Accessibility Unit and the relevant works council (see other contact points).
Stalking
Term from a legal perspective
Stalking is a colloquial term. In Austria, the criminal law treatment of the topic is primarily known through Section 107a of the Austrian Criminal Code, the offence of ‘persistent persecution’. Accordingly, a person who persistently persecutes another person in a way that is likely to threaten their physical and/or psychological integrity and safety and unreasonably interfere with their way of life is to be punished.
Persistent persecution exists if at least one of the following actions unreasonably affects the victim and the behaviour continues over a longer period of time:
The person
- seeks physical proximity to the person concerned,
- establishes contact with the person by means of telecommunication or other means of communication or through third parties,
- orders goods or services in the person’s name using the person’s personal data,
- persuades third parties to contact the person using the person’s personal data.
However, this issue is also regulated under private law. For example, the person concerned can protect themselves with an interim injunction.
FAQ
Cyber stalking is a form of stalking that uses the internet or other communication technologies. It is also called cyber bullying, is at the interface between stalking and bullying, and is prohibited in the criminal code under the offense of “ongoing harassment by means of telecommunications or a computer system” according to Section 107c of the Criminal Code.
What can I do as an affected person?
Act quickly. Make it clear to the person once and unambiguously that you do not want any contact. Ideally, you should do this in the presence of witnesses. Then consistently ignore the person (as far as possible). Document every contact and secure evidence (WhatsApp messages, SMS, entries in social networks, letters, etc.). Inform your private and professional environment that you are being “stalked” and contact the contact points at the university and the Carinthia Violence Protection Center.
Information on Counselling
Principles of Counselling
Confidentiality
Your concerns will always be treated confidentially. The members of the AKG are subject to official secrecy (§ 48 of the Austrian University Act). Maintaining discretion and anonymity is our top priority.
Personal data is processed in strict compliance with the principles and requirements set out in the GDPR and the Austrian DSG – data protection information.
Self-determination
In the event of complaints, the AKG only takes any steps or measures after express agreement with those affected.
Independence
The AKG acts autonomously and independently (constitutionally guaranteed freedom from instructions § 42 (3) of the Austrian University Act). They must not be hindered in the performance of their duties and must not be disadvantaged because of their duties (prohibition of hindrance and discrimination § 42 (3) of the Austrian University Act).
Expertise
The members of the working group are generally particularly concerned with the issues of equal treatment of all university members, regardless of identity characteristics, and with the equality of women and men, and have acquired special expertise. The AKG-office supports the changing members with its expertise. The head of the AKG-Office must have legal and topic-specific expertise in accordance with the charter.
Counselling in cases of discriminierung, harassment and bullying
The members and the office of the working group are there to support the members and bodies in complying with the provisions of the University and Federal Equal Treatment Act and the statutes (especially the Women’s Advancement and Equal Opportunities Plan) with regard to the equal treatment of all university members and the equality of women and men. For this purpose, the working group can exercise limited control and complaint rights, with the focus being on advice.
Contact can be made by means of an anonymous report, in writing, by telephone or in person. You can contact the AKG office or any working group member with your concerns.
Counselling process in cases of discriminierung, harassment and bullying
- Contact by members of the university – this also includes students – if they fear, have experienced and/or witnessed discrimination, sexual, gender-related or other harassment or bullying.
- During the initial interview, the facts of the case are recorded and the jurisdiction of the AKG is checked. You will receive information on the legal situation and other bodies you can turn to for support. If the AKG is responsible, the next steps will be discussed based on your individual needs and the AKG’s legal assessment.
- The incident or suspicion will be documented in confidentiality and the development of personal options for action (empowerment strategies) will be discussed with the person concerned and/or the witness. It is possible to have the situation evaluated in a follow-up interview after about six months.
- The strategy meeting will be held in the presence of a second working group member and/or representatives of other bodies, such as the works council, the health management, safety & accessibility department and the psychological student counseling service. The aim of the discussion is to develop possible perspectives.
- If an intervention by the AKG is desired, the following forms of intervention are possible, taking into account the legal assessment of the AKG: discussion with the other party, discussion with the supervisor, mediation between the parties, application for a report to be submitted to the Federal Equal Treatment Commission, complaint to the Arbitration Commission, disciplinary report.
Counselling in cases of stalking
In cases of stalking, the working group refers you to the Carinthia Violence Protection Center. This legally established institution has the experience, resources and options to provide you with the best possible advice.
Anonymous Report
Further Offers and Responsibilities
Awareness Measures regarding Forms of Violence
The AKG regularly introduces itself and raises awareness of protection against discrimination, harassment and bullying.
Representatives of the AKG regularly meet:
- employees as part of the mandatory initial security training
- employees as part of the Kick-Off Welcome event
- employees as part of the basic training course
- students as part of selected, mostly introductory courses
- students on Open Day
- students on Welcome Days
- university members on Diversity Day
The AKG also offers concrete inputs, for example on protection against violence or on the topic of diversity (including anti-discrimination). If you would like to offer input at your institute or faculty conference or as part of a workshop, simply contact the AKG-office.
Consulting on Personnel Recruitment
The AKG has control and complaint rights, particularly in the area of staff recruitment. We are involved in all steps of personnel recruitment.
- The AKG-Office examines tender documents and the preliminary assessment, including the selection of the people to be invited, for compliance with the women’s advancement plan and the Federal Equal Treatment and University Act, and supports the tendering bodies in all questions of equal treatment and equal opportunities in the process.
- Members accompany job interviews and evaluate the final results in accordance with the legal requirements mentioned.
As a member of the university, you can find more information on the intranet.
Awareness Measures on Personnell Recruitment
As an employee, you can attend one of our workshops “Personnel procedures made easy”. There we will discuss the background of equal treatment in personnel procedures, reveal tips and tricks for efficiently handling personnel procedures and can talk about examples or (while preserving personal data) about specific cases.
Consulting on Gender Diversity
Social developments show that dichotomous gender perceptions do not fully reflect reality. The University of Klagenfurt respects this diversity of genders and recognizes them equally. (§ 3 (6) 1 of the Equal Opportunities Plan)
If there are any questions, please contact the AKG-Office.
Consulting on Women’s Advancement
Equality includes equal treatment and specific promotion or “positive measures”. Equal rights and equal treatment could not create de facto equality. In order to compensate for the disadvantages of marginalized groups, there are not only fundamental equal treatment (equal treatment requirement and prohibition of discrimination), but also positive measures to create de facto equality. In the public sector, positive measures are only permissible to achieve equality between men and women, because only these are constitutionally protected in Article 7 (2) of the Federal Constitution.
Topics of equal treatment include the prevention of and remedy for discrimination and harassment. The AKG-Office is glad to help you in these cases.
The responsibility and competence in the area of positive measures for de facto equality between women and men or “women’s advancement” lies largely with the University Center for Women*’s and Gender Studies and Diversity Management and the women’s advancement officer based at the center. This is currently Maria Mucke.
Supervision on Issues of Women’s Advancement
Equality includes equal treatment and specific support or positive measures. Equal rights and equal treatment could not create de facto equality. In addition to fundamental equal treatment (equal treatment requirement and prohibition of discrimination), there are also positive measures to create de facto equality to compensate for the disadvantages of marginalized groups. In the public sector, positive measures are only permissible to achieve equality between men and women, because only these are constitutionally guaranteed in Article 7 (2) of the Federal Constitution.
The AKG checks the 50% quota of women in university collegiate bodies. This includes the University Council, the Rectorate, collegiate bodies appointed by the Senate, and nominations from the groups represented in the Senate for election to the Senate.
Further Contact Points
Unfortunately, equal treatment law is very fragmented and different institutions are responsible. Other or combined forms of violence such as bullying and stalking often make the situation even more complex and different areas of law are affected, which in turn opens up the jurisdiction of other institutions.
In addition, forms of violence such as discrimination, harassment, bullying and stalking are complex and, in addition to a legal component, also have psychosocial and general health effects.
Here you will find other contact points with different responsibilities, expertise and offers on the topics of discrimination, harassment, bullying and stalking for employees (E) and/or students (S).
Internal Contact Points
Trusted Advisor (E)
The Trusted Advisor program is a very low-threshold, confidential advisory service from employees for employees, in the sense of a collegial initial consultation. Trusted Advisors are selected and trained employees of the University of Klagenfurt who are available to their own colleagues as confidential initial contacts in challenging situations in the workplace. The task of the Trusted Advisors is to provide early support and help to employees with challenges, (beginning) conflicts and psychological and physical stress in the workplace.
Trusted Advisors support their colleagues by listening and acting empathetically and trustingly, and if necessary by working together to develop internal and external university support offers or contacts.
More information for employees on the intranet.
Workers’ Councils (E)
The employees of the University of Klagenfurt are represented by the workers’ council for general staff and the workers’ council for academic staff. They are the contact point for cases of violations of the equal treatment requirement under labour law and all questions of employee protection and labour law.
Disability Representatives (E)
The disability representatives of the general staff and the disability representatives of the academic staff represent the disabled employees and can advise you in cases of discrimination and harassment due to a disability under the Disabled Persons Employment Act and generally on issues of impairments and disabilities in the work environment. The AKG is only responsible for discrimination and harassment under the Federal Equal Treatment Act, but is happy to work with you and your disability representative.
Accessibility Office (E/S) und Disability Officer (S)
The Disability Officer for Students also runs the Accessibility Office. If you need information about services for people with disabilities, you can contact Mark Wassermann.
Health Management, Occupational Health and Safety & Accessibility (E/S)
The Health Management, Occupational Health and Safety & Accessibility Unit can provide psychological counselling and supervision. You can also find out about the out-of-court dispute resolution form “mediation” or attend workshops and seminars on specific topics.
External Contact Points
Ombud for Equal Treatment (Discrimination and Harassment outside the University)
The Equal Treatment Office (German abbreviation: GAW) takes on similar tasks in the private sector as the AKG at the university. So if you have a part-time job or are working during your studies or doing an internship, the GAW is your contact for all matters relating to equal treatment law.
Violence Protection Center (Violence in the Home and Stalking)
The Violence Protection Centers in Austria are specialized and legally recognized institutions for victims of violence. They offer help and support to all those people who are threatened or affected by violence in their own home, in their personal environment or by stalking. In all nine federal states. Austria-wide.
Men’s Counselling Service
From man to man: The men’s counseling service of Caritas Carinthia supports men and boys to constructively deal with difficult and crisis-ridden life situations and to solve upcoming problems.
Psychological Counselling Services (S)
The Psychological Student Counselling Service helps you choose and start your studies, supports you in personal development and advises you on study-related and personal problems. You can also get support here in cases of conflict and in cases of violence such as discrimination, including harassment, bullying and stalking.
Further psychological and psychosocial services (intranet)
The Health Management, Occupational Health and Safety & Accessibility Unit has compiled a list of contact points on the intranet that can help in various situations.
