The dignity of all people is equal before the law.

The focus of my work as an attorney is to uphold the rights of my clients, by carefully taking into account their individual needs. Because fighting for someone’s justice is worth it. Always. However, the legal system can be complicated, unsettling and intimidating. That’s why it is so important to me to not only support my clients with the subject at hand, but to guide them through every step of the way, working transparently and in close consultation with them.

I look forward to walking the path to a little more justice together with you.

Areas of Expertise

Criminal Law

Protection of victims

As a victim attorney, I particularly support victims of sexualised, family and domestic violence, online hate speech, human trafficking, forced marriage and violent crime.

If you yourself have been a victim of violence, sexual assault or online hate speech, I will advise you on your legal options and support you in finding a suitable victim protection agency. As a victim of certain offenses, you are also entitled to psychological and legal process support – free of charge.

If someone in your environment is affected by domestic violence or threatened by abduction, has been a victim of forced marriage or human trafficking, I will stand by you with the full range of available legal resources as well as my network of protection and counselling institutions.

Cybercrime

Have you been the victim of insults, abuse or false allegations on social networks or other media? Have you been affected by cyber bullying, or has someone forwarded or published compromising pictures of you without your consent?

I will support you quickly, proficiently and effectively in protecting your rights, ensuring that the harmful behavior ends.

Labor and Employment Law

In the field of labor and employment law, you benefit from my vast legal and consulting experience, in particular in the areas of equal treatment and non-discrimination.

For Employees

I’m representing employees in equal treatment law, anti-discrimination law and in cases of dismissal without a legitimate cause.
Have you been treated any less favorably since you announced your pregnancy? Are you not granted paternity leave? Are you afraid of potential negative consequences if you make use of the rights you are entitled to as a parent? Have you been dismissed only a few years before you were due to retire? Or are you being bullied in the work environment?
Anti-discrimination obligations are often violated in the work environment, but the employees concerned are reluctant to defend themselves (legally) against the misconduct because of many valid concerns (e.g. losing their jobs). However, doing nothing is not going to improve the situation. Quite the contrary.
In an initial meeting we can clarify together whether there is any conduct that violates anti-discrimination laws and what we can do about it. I would be happy to support you on your way out of discrimination and bullying in the workplace.

For Employers

I support employers in establishing a discrimination-free working environment, by optimizing internal processes, leading internal investigations in case of a discriminiation claim as well as in the training and guidance of employees at all levels. Learn more at: www.upright.at.

Protection against discrimination outside the workplace

Austrian anti-discrimination law is not limited to the workplace. There are also anti-discrimination regulations in other areas, such as for customers in the service sector or in the catering industry.

Have you been a victim of discrimination and would like to know more about possible legal steps? I am happy to advise you in a nonbinding first consultation.

About

Dr.in Yara Hofbauer, LL.M (Harvard)

Since 2022:
Independent attorney in Vienna

Since 2019:
Trainer and management consultant within the framework of the collective upright, for protection against discrimination in work and education.

2020 – 2021:
Expert lay judge at the Federal Administrative Court

2019 – 2021:
Case Handler Austrian Federal Competition Authority

2014 – 2018:
Trainee Lawyer

2018:
Bar exam (passed with distinction)

2014, 2015:
Court practice in the jurisdiction of the Vienna Higher Regional Court

2014 – 2018:
Dr. iur, University of Vienna

2013 – 2014:
LL.M, Harvard Law School

2009 – 2013:
BA, MA (Political Science), University of Vienna

2011:
Erasmus, Universidad Alcalá de Henares (Madrid)

2008 – 2012:
Mag. iur, University of Vienna

Publikationen (Auszug)

2023:
Hofbauer, Opferrechte – ein zahnloser Tiger?, Journal für Strafrecht 2023/2, 98.

2023:
Hofbauer, Das ist Diskriminierung! Verstehen, was hinter dem Vorwurf steckt, Unrast Verlag.

2022:
Hofbauer, Rezension: Maria Sagmeister, Geschlechtergerechte Arbeitsteilung. Der arbeitsrechtliche Schutz von Eltern zwischen Zwang und Autonomie, in: Kritische Justiz (KJ) 1/2022, 120-123.

2021:
Akii/Greif/Hofbauer, Compliance im Antidiskriminierungsrecht, Linde Verlag.

2020:
Fürlinger/Hofbauer/Wurm, Kartellverfahren im Marktmachtmissbrauch: Wohin geht die digitale Reise?, ÖZK 2020, 207.

2020:
Apostol/Hofbauer, Sexuelle Integrität. Rechtlicher Schutz und dessen Durchsetzung, Manz Verlag.

2019:
Hofbauer/Harsdorf, Wettbewerb und Gender, ÖZK 2019, 173.

2019:
Balthasar-Wach/Hofbauer, Der Einfluss von #MeToo auf M&A Deals, juridikum 3/2019, 326.

2019:
Hofbauer, Falschbehauptung – wie die Person hinter einer Aussage ihren Wahrheitsgehalt beeinflusst, in Steiner (Hg), WAS 112 – Echt Wahr? (2019), 59.

2016:
Balthasar-Wach/Hofbauer, Hirst vs Delvigne: Wendepunkt für das aktive Wahlrecht von Straftätern in der EU?, Journal für Strafrecht 2016/2, 148.

Memberships

In collaboration with

In constant
cooperation with

The dignity of all people is equal before the law.

Fee

Initial consultation

The fee for an initial meeting of up to half an hour in my office or online is EUR 150 gross. If a working relationship is established thereafter, we jointly agree on an individual billing method tailored to your personal needs.

Working on your behalf

There are different billing methods for Austrian attorneys. General information can be found in the (German) brochure „My right is precious“ published by the Austrian Bar Association (ÖRAK).

The fee may be charged in accordance with the statutory fee structure provided in the Austrian Statute on Lawyers’ Tariffs (Rechtsanwaltstarifgesetz), the General Criteria for Professional Fees (Allgemeine Honorar-Kriterien) and in the Notaries’ Fees Act (Notariatstarifgesetz).

If the effort can be estimated well in advance, the billing can also be done by means of a lump sum.

The most transparent billing method is the hourly rate, which is determined depending on the specific tasks.

 

Regardless of the method of settlement, coverage by the legal expenses insurance must be arranged independently. Insofar as the coverage request/settlement is to be made by the law firm, this is a service subject to a fee.

FAQ’s

I am being assaulted at home. What can I do?

As a first step, you can contact the Austrian victim emergency hotline anonymously and free of charge. It is open to all genders and can be reached at +43 800 112 112.

For female victims of violence, the Austrian women’s helpline is also available. It can be reached at +43 800 222 555.
The consultants are committed to absolute confidentiality and have an overview of the help/counseling centers in your area that you can contact.

I know a victim of violence and I don't know how to help.

It is crucial that you don’t do anything the person concerned does not agree with. This can be very challenging, but involving victims in criminal proceedings against their will can not only be extremely stressful but also dangerous for them. Be patient. It often takes several attempts before a victim finds the strength to take the first steps. Show understanding and listen. Each step should only be taken together with the person concerned.

Talk to the person concerned, offer your support and find out what options the person has. You are also welcome to contact me as a friend or relative of the person concerned and discuss the options in an initial consultation.

I am afraid to leave my partner. Who can help me?

A separation can be very dangerous for people affected by domestic violence. It is good that you are being careful! Involve a counseling center in planning the separation process. There are violence protection centers in each federal state that you can contact for this purpose.

You can find a list of violence protection centers here: List of violence protection centers.

The counselors will assist you in the separation process and, if necessary, in finding housing for you (and your children).

I was raped, but I don't want the perpetrator to go to jail.

Being a victim of rape is a traumatizing experience. Taking any further steps such as reporting the crime or even seeking help may be accompanied by insecurities and even feelings of guilt. This is entirely understandable.

After all, rape is a very serious offense, which is why it carries a minimum prison sentence of two years.
Rape is a so-called “official offense”. This means that the investigating authorities must pursue the case as soon as they learn about it. Once you have filed a criminal complaint of rape, you cannot withdraw it. Sometimes victims try to protect the perpetrators by later on claiming they lied when they reported it or that the situation was different after all. This will most likely lead to the criminal case against the perpetrator being dropped. However, please bear in mind that this also means that the victim themself is threatened with criminal proceedings for making a false statement. If you file charges against the perpetrator, you should therefore be sure that you want to take that step and do not want to withdraw them later.

I am being sexually harassed at work. But I am afraid of losing my job if I report it.

Employers are legally obligated to protect their employees from sexual harassment at the work place and respond promptly when they learn of any harassment. Furthermore, employees who report harassment must not be treated unfavorably as a result of said report. Unfortunately, there are still employers who do not observe these legal obligations. Again and again, a victim-perpetrator reversal occurs and the affected person is confronted with further negative consequences in addition to the harassment itself. However, there are also many employers who take the issue very seriously and will investigate a report to find an appropriate solution without the employee who has experienced harassment having to fear any negative consequences.

If you are not sure how your employer would handle a report, we can discuss your specific situation in an initial meeting and work out a strategy or action plan together. One thing is clear: You have the right to defend yourself if you want to.

In addition, it is possible to turn to the Ombud for Equal Treatment. This advises, among others, persons who are harassed in the workplace on the basis of certain characteristics.

I experience racism at work.

Racism is discrimination and thus a disadvantage (individual or structural) based on the specific way a person is perceived by others, i.e. “categorized”. The Austrian legislator has decided to use the term “ethnicity”. This term is to be understood very broadly and can include, but is not limited to: the way someone speaks (e.g. accent), the way the person looks (e.g. skin color), their creed and what they believe in or how they dress, among other things. Discrimination on the basis of “ethnicity” in the workplace is prohibited! This includes any harassment due to your ethnicity.

In case there is a (confidential) contact point at your workplace, you can turn to it to evaluate further steps. If there is no such contact point, it is advisable to get free advice e.g. from the association ZARA (Zivilcourage und Anti-Rassismus-Arbeit) as a first point of contact. Of course, I will also be happy to assist you with any advice or legal action.

I am being bullied at work. What can I do?

While bullying is not defined as such by law and is not found in the law (except for public sector workers), it is often possible to show unlawful conduct on the basis of general civil law provisions or equal treatment law. Since a some legal experience may proof helpful, it is advisable in cases of mobbing to seek legal advice, if possible, in order to classify the situation.

As a first step, you can also contact your works council (if you have one) or, if you are a member, the trade union to learn more about your potential options.

Ever since I am pregnant, I've been treated worse than my colleagues. However, this is always attributed to supposedly objective reasons. Can I defend myself against this?

Unfortunately, it is still common practice in many companies that women are treated worse than their non-pregnant colleagues as soon as they announce that they are pregnant. Classic examples are that they are taken off projects, only assigned menial tasks, any promises of career advancement are taken back, they are passed over for standard company salary increases, etc. Employers may argue that the reason is not the gender of the pregnant employee, but the supposedly objective reason for the (imminent) absence. In fact, however, such actions constitute discrimination under the Equal Treatment Act in many cases. In order to be able to assess the specific situation and the resulting possibilities for action, it makes sense to seek legal advice.

I’m a father and want to go on paternity leave, but my employer threatened me with negative consequences if I do. Can I still go?

You also have the right to parental leave as a father. In addition, the threat of negative professional consequences due to parental leave constitutes a violation of anti-discrimination law. However, protection against dismissal after your return from parental leave does not apply forever and is no guarantee of freedom from discrimination. In practice, it is unfortunately seen time and again that mothers and fathers are placed in less interesting positions or hierarchically demoted after returning from parental leave. While such measures themselves constitute discrimination, there are often supposedly objective reasons for these changes. In order to avoid such situations, it makes sense to talk to your employer before your paternity leave, possibly also involving the works council, the Ombud for Equal Treatment or an attorney.

A harassment case has been reported in our company for the first time. How should we as an employer react to it?

Because now every step decides whether you as a team are strengthened in the end or it develops into an internal, as well as external debacle. It should be noted that, on the one hand, employees must be brought in to prevent the situation from escalating due to potential rumors and can later no longer be controlled. On the other hand, the confidentiality of those involved must be maintained. In addition, neither snap judgments regarding the accused nor a revictimisation of the person concerned (reported as such) may take place. Further information and advice on this topic can also be found at www.upright.at.

What measures can we take as an employer in order to protect our employees against discrimination?

In short: many! Possible measures range from a clear communication strategy, training at all levels, the establishment of a standardized complaints procedure, the introduction of a code of conduct, the mandating of persons of trust, to the revision of your CMS. Which measures may be specifically suitable for your company depends, among other things, on the size, the internal structure, the question of whether there is contact with costumers, the means of communication used and, last but not least, which measures have already been implemented. As a business consultant and attorney, I am happy to assist you in developing possible or necessary measures.

You can also find more information on this at www.upright.at/faq