The dignity of all people is equal before the law.

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.

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.

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).

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.

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.

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.

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.

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.

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.

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.

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