Country report non-discrimination : transposition and implementation at national level of Council Directives 2000/43 and 2000/78 : Austria [2024]

The Austrian federal legislature has implemented legislation covering the complete scope of the directives. In the area of employment (public and private), all the grounds are protected. Ethnic affiliation and disability are further protected grounds in the area of access to and supply of goods and services, while the broadest scope of protection (including education, health and social protection/security) is in place for the ground of ethnic affiliation only. Provincial legislations have, within the limit of their competence, broadened the scope of protection beyond the workplace for all grounds. Therefore, there is protection for all grounds in relation to employment, access to and supply of goods and services, education, health and social protection/security. The provincial powers are especially important with regard to housing, social benefits, health and education. Regarding social benefits, several provinces (Upper Austria, Tyrol and Lower Austria) have initiated a policy of issuing legislation to restrict access to social benefits for migrants and refugees.