Equal Opportunities Committee
The EOC’s rights and capabilities
The Equal Opportunities Committee’s duties and rights arise from the Federal Equal Treatment Act, the Federal Act on the Organisation of the Universities and their Studies (Universities Act 2002) , in particular from §§ 42 ff. leg. cit., as well as from the WU’s Female Advancement Plan (WU Statutes, Annex 4).
The EOC is to be notified by the Rector’s Council on all internal university matters and is to be granted access to all documents and electronic data relating to WU personnel, knowledge of which is necessary for the exercise of its duties.
Concerning personnel matters, the EOC is to be promptly and duly provided with all information concerning a decision affecting the conclusion, material amendment, or termination of an employment or training contract.
The Rector’s Council is to submit to the EOC all relevant and updated laws relevant for matters of equal treatment and the advancement of women, including also such deriving from labour and social law.
Participation in meetings
The EOC may participate in an advisory capacity in commission or committee meetings concerning personnel matters (e.g. appointment committees) or habilitations.
The EOC is a voting member of the WU’s evaluation committee concerning positions for general university staff.
Submission of complaints to the arbitration commission
Should the EOC have reason to believe that a university governing body’s decision reflects discrimination on the grounds of an individual’s sex, ethnic origin, religion, belief, age, or sexual orientation, it may invoke the arbitration commission within three weeks of the decision (§ 42 para. 8 Universities Act 2002).
Should the EOC submit a complaint to the arbitration commission, the respective university governing body’s decision is to be impermissible until the arbitration commission has ruled on the matter (§ 42 para. 9 Universities Act 2002).
The arbitration commission is to decide within three months whether or not the decision by the university governing body constitutes discrimination on the grounds of sex, ethnic origin, religion, belief, age, or sexual orientation. Should the arbitration commission find grounds for discrimination, the university governing body is obliged to make a new personnel decision having regard to the legal opinion of the commission.
The EOC and the university governing body concerned may appeal to the Federal Administrative Court against the order concluding the arbitration procedure (§ 43 para. 7 Universities Act 2002).
Employment contracts concluded by the rector during a pending arbitration procedure or in the face of a negative ruling of the arbitration commission are null and void.
*) The arbitration commission consists of six members, none of whom have to be a member of WU Wien. The Senate, University Council, and the EOC each nominate one male and one female member of the commission for a term of two years. Two of the members must have legal training. The Senate, University Council, and the EOC each nominate one male and one female substitute member. The members of the arbitration commission are not to be bound by any directions in the exercise of their duties.
The WU’s arbitration commission was first constituted on 19 March 2004.
Members: em. Univ.Prof. Dr. Josef AFF, Univ.Prof. Dr. Christoph BEZEMEK (chair), PDin Dr.in Dragana DAMJANOVIC, Dr. Klaus MAYR, LL.M., DDr.in Regina PREHOFER, Dr.in Sabine WAGNER-STEINRIGL
Substitute members: Ass.Prof.in Dr.in Renate BUBER, Univ.Prof. Dr. Raimund BOLLENBERGER, Univ.Prof.in Dr.in Eva EBERHARTINGER, LL.M., ao. Univ.Prof. Dr. Richard GAMAUF, Dr. Patrick SEGALLA, Univ.Prof.in Dr.in Sarah SPIEKERMANN
(The arbitration commission for the term until 2017 was constituted on 12 December 2016)