We provide answers to frequently asked questions:

All vacant positions at the university must be advertised ⁽¹⁾.

Among other things, this ensures that all potential candidates can express their interest and thus become known to the advertising body. In addition, the personnel selection procedure can be objectified as the selection is to be made objectively on the basis of the criteria in the advertisement text. Teaching assignments, time-limited third-party funded projects and positions filled in accordance with § 99a are exempt from the obligation to advertise in accordance with § 107 para. 2 UG.

^{(1) cf. § 107 para. 1 UG, § 7 para. 1 B-GlBG.}

• The text of the advertisement does not discriminate against or demean any person on the basis of gender, ethnicity, religion or belief, age, sexual orientation or disability.
  
• The text of the call for applications is formulated in such a way that it can serve as an objective basis for decision-making in the admission procedure. It therefore contains all admission requirements, a comprehensive requirements profile (in particular the relevant and desired qualifications) and comprehensible, sufficiently detailed qualification criteria.
  
• The advertisement text is not so general that it does not represent an objective basis for the subsequent selection of personnel.
  
• It is not overspecified in such a way that the potential group of applicants is unfairly restricted in favor or against a particular person or gender or the characteristics of ethnicity, religion or belief, age, sexual orientation or disability.
  
• It is written in gender-neutral language throughout and does not contain any additional comments that suggest a specific gender.
  
• The text of the advertisement is formulated in such a way that equal linguistic treatment is ensured with regard to the characteristics of ethnicity, religion or belief, age or sexual orientation as well as disability and does not contain any additional remarks that suggest any of these characteristics.
  
• Competence in the field of gender mainstreaming is mentioned as a selection criterion in advertisements for management positions and professorships.
  
• Job advertisements contain the addition: "The University of Graz aims to increase the proportion of women, particularly in management positions, and therefore expressly encourages qualified women to apply."
  
• In the case of existing underrepresentation, the sentence is also added: "In the case of equal qualifications, women are given priority."

_{(1) see § 25 GLP 2017, § 20 FFP 2017.}

Since September 2020, the Central Civil Status Register has included six options for gender entry in order to preserve individual gender identity: female, male, inter, diverse and open, as well as the option to have an existing gender entry deleted without replacement.

The prohibition of gender discrimination⁽¹⁾ also applies to intersex people. Tender texts must also be designed in such a way that they reflect gender diversity. In order to properly implement the requirement of gender-neutral job advertisements⁽²⁾, wording must be chosen in the job advertisement text that also addresses intersex people:

• For German and Germanized job titles, the use of the gender gap (Universitätsassistent_Universitätsassistentin) or the gender star (Office Manager*Managerin) is recommended.
• The use of the suffix "(f/m/x)" , e.g. Advanced Systems Engineer (f/m/x) or Senior Scientist (f/m/x), isonly recommended for English-language job titles that are already gender-neutral. The "x" stands for one of the four newly created options.
• In continuous text, it is recommended to use the gender gap or the gender star throughout in the following form:
  • University Assistant
  • Office Manager
    

^{(1) § 3 para 1 GLP 2017, § 4 B-BlBG.
(2) § 25 GLP 2017, § 7 para 2 last sentence B-GlBG.}

If a variable number of hours (e.g. 20-30 hours, 1 x 100 % or 2 x 50 %) is to be included in a tender text, this leads to a softening of the principle of truth in tendering and also often to difficulties in selection and justification. The following points should therefore be given particular consideration (in addition to clarifying the budgetary feasibility of all variants):

• Such a "variable tender" should remain the exceptional case.
• In the selection process, the professional and personal qualifications must first be assessed on the basis of the criteria in the tender text. Only after the applicants have been ranked in this way is the preference for the number of hours relevant. The ranking must not be based on the preference of the individual applicants to work more/less.
• These two principles should also be reflected in the written justification of the appointment proposal.

Women are considered underrepresented if their share of the total number of employees in the respective employment category within the respective scientific discipline or administrative unit is below 50% (full-time equivalents) ⁽¹⁾.

_{(1) cf. section 11 para. 2 B-GlBG in conjunction with section 6 FFP 2017.}

Detailed information on the proportion of women at the University of Graz can be found on the homepage of the Performance and Quality Management. Specific inquiries can be addressed directly to LQM, Universitätsplatz 3/1.OG, 8010 Graz, phone: +43 (0) 316/380-1806, e-mail: abteilung.lqm(at)uni-graz.at.

The priority rules of the Federal Equal Treatment Act and the FFP 2017 (in particular priority admission and priority for career advancement in the case of equal qualifications, unless reasons relating to the person of the competitor prevail) only apply in the case of underrepresentation of women ⁽¹⁾.

The obligation to demonstrably search for suitable women and the rules on repeating the advertisement are special measures for the advancement of women, which are also only applied in the event of the underrepresentation of women ⁽²⁾.

All generally suitable female applicants must be invited to an interview if women are underrepresented ⁽³⁾.

_{(1) see §§ 11b, 11c B-GlBG; § 19 FFP 2017.
(2) see §§ 21-23 FFP 2017.
(3) see § 24 FFP 2017.}

The obligation to motivate qualified potential female candidates to apply, the obligation to demonstrably search for suitable women and the rules for repeating the advertisement (if no suitable women have applied) are special measures for the advancement of women, which are only applied in the event of the underrepresentation of women ⁽¹⁾.

^{(1) cf. §§ 21-23 FFP 2017.}

If no or insufficient measures have been taken to motivate qualified women to apply and no fundamentally suitable women have applied, the advertisement must be repeated ^(1).

In the event of a second call for applications, the measures to actively search for suitable women must also be implemented ⁽²⁾.

^{(1) cf. section 23 FFP 2017.
(2) cf. section 23 para. 3 FFP 2017.}

• The host university institution or the body responsible for submitting an appointment proposal must demonstrably and actively search for suitable candidates. This means that the head of the institute (faculties) or the head of the department (administrative units) or the appointment committee must initiate and take responsibility for the implementation of suitable measures.

• Proof of the implementation of the appropriate measures must be included in the file.

• If no fundamentally suitable woman has applied for the position, a description of the measures taken must be submitted to the AKGL.

• The AKGL guidelines on the repetition of the advertisement contain proposals for measures which the AKGL considers to be a sufficiently active search for suitable female applicants. A distinction is made between professorships, research and teaching staff and general university staff.

_{(1) cf. §§ 22, 23 FFP 2017,
https://static.uni-graz.at/fileadmin/_files/_administrative_sites/_akgl/Dokumente/uni-graz-akgl-wiederholung-ausschreibung-23012019.pdf.}

Advertisements shall be made known to the employees of the academic unit or administrative unit concerned in a timely manner, even during a legally or contractually stipulated form of absence from work or place of employment . This also applies to internal job advertisements ⁽¹⁾.

^{(1) cf. § 25 para. 7 GLP 2017.}

Applications received after the application deadline can generally be rejected without further ado for formal reasons. If this is not desirable for certain reasons, this should be explained in the reasons for the appointment proposal. It is important to state whether and, if so, why and whether all late applications will be considered and, if not, where and how a boundary is drawn. Furthermore, late applications that are considered must be assessed in the same way as all other applications on the basis of the criteria in the advertisement text.

Preliminary remark: Not all of these topics are directly related to equal treatment, but they can have an effect under equal treatment law if they are related to unjustified discrimination on the grounds of gender, ethnicity, religion or belief, age or sexual orientation.

• QUESTIONS THAT DISCRIMINATE WOMEN (e.g. about family planning) must be avoided ⁽¹⁾.
  
• Statements and questions that are likely to discriminate against applicants on the basis of gender, ethnicity, religion or belief, age or sexual orientation or on the basis of disability must be avoided ⁽²⁾.
  
• For example, questions or comments about FAMILY STATUS or whether someone has CHILDREN may not only be inappropriate in a job interview, but also unlawful (discriminatory) if they expose applicants to disadvantages in the recruitment process⁽³⁾. In this sense, there is generally no obligation to disclose marital status or parenthood in the application process and, in the majority of cases, untrue information or non-disclosure does not lead to a right to terminate the employment contract (no grounds for nullity, avoidance or dismissal). However, concealment of parenthood may mean that child allowances or similar entitlements cannot be claimed in the established employment relationship.⁽⁴⁾
  
• After the existence of a PREGNANCY ^(5,6): If a pregnancy is concealed, the employer has no grounds for nullity or avoidance, nor are there any grounds for dismissal ⁽⁷⁾. In principle, the employer is not entitled to withdraw from the contract if he/she later learns that the employee is pregnant, even if the employee knowingly made false statements in the job interview. However, if a probationary period was agreed for the employment relationship, the employer can also withdraw from the contract in this case ⁽⁸⁾. However, termination during the probationary period due to the existence of a pregnancy would not be permissible, as this would constitute unlawful discrimination on the grounds of gender ⁽⁹⁾.
  
• Questions about the PERSON'S PROFESSIONAL ACTIVITY could be inadmissible for the following reasons:
  
  § 5 Z 4 B-GlBG stipulates that the following criteria in particular may not be used in a discriminatory manner in the selection decision between applicants: [...] 4. time constraints due to the care of children or relatives in need of care and the intention to make use of the option of part-time employment or a reduction in weekly working hours. As there will generally be no connection between the professional activities of parents or other relatives and a person's qualifications for a particular position, and therefore no immediately obvious reason for such questions, it may be a "detour question" intended to inquire about such burdens due to caring responsibilities. In addition, the disclosure of all previous personal activities is generally not required under employment law ⁽¹⁰⁾, so this may be even less the case for the disclosure of relatives' professional activities.
  
• After matters relating to INTIMATE PERSONALITY ⁽¹¹⁾: In this case, the extent to which the applicant's personal rights are affected must be examined ⁽¹²⁾. Personal rights include, for example, the right to life and physical integrity, freedom, honor, protection of economic reputation, the right to one's own image, protection of confidential records, the right to a name, etc. ⁽¹³⁾
  
• According to membership in political organizations or trade unions: An exception exists for work in a political organization or interest group if the membership is of decisive importance for the specific activity - tendency companies ⁽¹⁴⁾.

• Questions about membership of a RELIGIOUS COMMUNITY will generally not be sufficiently justifiable (exception again: tendentious companies) ⁽¹⁵⁾.

• Questions about AGE, as long as there is no justification for differentiation according to age ⁽¹⁶⁾.

Further examples of questions that should generally be avoided in job interviews (no direct reference to the AKGL area of responsibility):

• Questions about ASSETS do not have to be answered ⁽¹⁷⁾, but in the case of wage execution, the employer quickly learns of this fact from the court ⁽¹⁸⁾.

• Disclosure of all PREVIOUS ACTIVITIES is generally not required; a restriction to those that appear favorable for the application is permissible. If the employer expressly makes disclosure a condition, the most recent activities must be stated truthfully. If this is not the case, no reference must be made to previous detrimental activities ⁽¹⁹⁾.

• Questions about illnesses or other questions relating to HEALTH do not have to be answered ⁽²⁰⁾. → The employer's right to ask questions relates exclusively to the applicant's suitability and not to individual medical conditions or findings ⁽²¹⁾. Furthermore, no right to the submission of medical findings can be derived from the standards of employee protection under public law ⁽²²⁾. Here too, appropriate solutions can only be found by weighing up the interests in each individual case. If there is a risk to the life and health of other employees, the right to ask questions must be affirmed ⁽²³⁾.

• Employers are prohibited from collecting, requesting, accepting or otherwise utilizing the results of GENANALYSES from jobseekers ⁽²⁴⁾.

• Questions about CRIMINAL ACTS: In principle, applicants are not obliged to provide an extract from their criminal record; however, Kallab/Ullmann recommend providing one on request; questions in this context may only be asked if it concerns an activity that is associated with a special position of trust - an untruthful answer would justify dismissal in this case ⁽²⁵⁾. The aspect of damage to reputation (position of the employee suggests identification with the company) and the aspect of interdependence (i.e. mutual dependence) of the criminal act with the area of activity under the employment contract may constitute grounds for justification ⁽²⁶⁾. Under no circumstances may a question be asked about penalties that have been expunged ⁽²⁷⁾.

^{(1) See Section 27 (3) GLP 2017.
(2) Section 27 (4) GLP 2017.
(3) See Section 27 (3) GLP 2017 in conjunction with Section 5 Z 2 and Z 4 B-GlBG.
(4) Conversely to Sabara, Heikle Fragen im Bewerbungsgespräch, Antwortpflicht des Arbeitnehmers?, ARD 6400/5/2014, 5 (accessed on 25.04.2022)
(5) cf Kallab/Ullmann, Arbeitsrecht in Frage und Antwort 9, 2003, 21.
(6) cf Löschnigg, Arbeitsrecht 10, 2003, 185.
(7) cf Löschnigg, Arbeitsrecht 10, 2003,5).
(8) cf. Kallab/Ullmann, Arbeitsrecht in Frage und Antwort 9, 2003, 25.
(9) cf. Hopf/Mayr/Eichinger, GlBG (2009) § 3 RZ 137.
(10) cf. Kallab/Ullmann, Arbeitsrecht in Frage und Antwort 9, 2003, 22.
(11) cf. Kallab/Ullmann, Arbeitsrecht in Frage und Antwort 9, 2003, 21.
(12) cf Löschnigg, Arbeitsrecht 10, 2003, 185.
(13) cf Koziol/Welser, Grundriss de bürgerlichen Rechts, Band I11, 75 ff.
(14) cf Kallab/Ullmann, Arbeitsrecht in Frage und Antwort 9, 2003, 21.
(15) cf Löschnigg, Arbeitsrecht 10, 2003, 705 f.
(16) cf. Windisch-Graetz in Rebhahn/GlBG, § 17 Rz 37.
(17) cf. Löschnigg, Arbeitsrecht 10, 2003, 185.
(18) cf. Kallab/Ullmann, Arbeitsrecht in Frage und Antwort 9, 2003, 21.
(19) cf. Kallab/Ullmann, Arbeitsrecht in Frage und Antwort 9, 2003, 22.
(20) cf. Kallab/Ullmann, Arbeitsrecht in Frage und Antwort 9, 2003, 22.
(21) cf. Löschnigg, Arbeitsrecht 10, 2003, 706.
(22) cf Löschnigg, Arbeitsrecht 10, 2003, 186.
(23) cf Löschnigg, Arbeitsrecht 10, 2003, 186.
(24) cf § 67 GTG; Löschnigg, Arbeitsrecht 10, 2003, 186.
(25) cf Kallab/Ullmann, Arbeitsrecht in Frage und Antwort 9, 2003, 21.
(26) cf Löschnigg, Arbeitsrecht 10, 2003, 706.
(27) cf Löschnigg, Arbeitsrecht 10, 2003, 185.}

In the view of the AKGL, an alternative date should be offered if possible, even if the failure to hold individual interviews is due to personal reasons attributable to the applicant, such as illness, accident, sudden and unforeseen family care needs, etc. If an alternative appointment is not offered or cannot be made for certain reasons, this should be briefly explained as part of the reasons for the appointment proposal. In addition, it is always advisable, in the interests of the objective comprehensibility of a justification, even if individual interviews do not take place and the application is eliminated as a result, to at least briefly discuss the qualifications of the respective applicant on the basis of the application documents in comparison to the other applications. This also facilitates the subsequent examination of the extent to which the elimination is legitimate in the specific procedural context.

• PERCEPTION TENDENCIES IN PERSONNEL SELECTION: In personnel selection, perception errors or tendencies can lead to an assessment that does not do justice to a person's qualifications. Perceptual tendencies can be found in the everyday psychology of every person and depend on their observations, attitudes and possible prejudices. In addition to the most important perceptual tendencies such as first impression, halo effect and last impression, the assessment of the person's social environment, the similarity or dissimilarity of the person to the observer and other assessment tendencies also have an effect on judgment behavior.

• SPECIFIC PERCEPTION TENDENCIES lead to systematic over- or underestimation when taking in and processing information :
  

• OTHER PERCEPTUAL TENDENCIES
  

• GENDER STEREOTYPES
  
  • Gender stereotypes or gender schemas can also be described as implicit or unconscious assumptions about gender differences (or the "group of men" or "the group of women")
    
  • Both women and men have the same gender stereotypes and gender schemas
    
  • Women and men acquire these assumptions in early childhood
    
  • The consequences: Women and men are not judged "individually", but as members of a certain group
    
  • Women are then consistently underestimated in more masculine professions or in the area of performance and men are often overestimated , by both men and women

• CIRCULAR PROCESSES - SELF-FULFILLING PROPHECIES
  
  • Due to gender stereotypes, expectations are formed that are directed at female and male people in different ways
    
  • Due to the tendency towards cognitive consistency ("coherent" impression), incoming information about the target person is received, processed and retained in a form adapted to our existing expectations
    
  • This results in a cognitive "image" of the target person that conforms to expectations
    
  • This influences the observer's actions - and if the target person wishes to conform to expectations, they will also "produce" the expected behavior
    
  • This reinforces and maintains the stereotype
    
  • For example, if there is an assumption that men are more capable than women, the performance of men is perceived and assessed as better than that of women
    
  • People try to justify their decisions . In accordance with cognitive consistency, this means that they believe they are "gender-blind", for example, but make judgments in accordance with their attitudes and thus confirm their "attitudes" again and again.

• countermeasures
  
  • Reflection on sympathy - antipathy or projection (similarity) for all candidates
    
  • Reflection on the gender stereotype for all candidates
    
  • Use only own observations for assessment, pay attention to as many behavioral characteristics as possible
    
  • Describe observations in an emotionally neutral way
    
  • Only use observations actually made in the hearing for assessment, do not include any assumptions
    

^{(1) Overview provided by Prof. Dr. Roswith Roth.}

• In principle, no one may be discriminated against when establishing an employment or training relationship on the basis of ⁽¹⁾
  • of SEX,
  • ETHNIC BELONGING,
  • RELIGION,
  • WORLD CONCEPT,
  • of AGE,
  • SEXUAL ORIENTATION.
• OBJECTIVE DECISION-MAKING BASIS AND QUALIFICATION CRITERIA are provided in the tender text ⁽²⁾.

• According to the B-GlBG, the following criteria in particular may not be used in a discriminatory manner in the selection decision ⁽³⁾:
  • existing or previous interruption of employment
  • existing or previous part-time employment
  • existing or previous reduction in weekly working hours
  • age
  • Marital status
  • Own income of the spouse or partner of an applicant
  • Time burden due to caring for children or relatives in need of care and the intention to make use of the option of part-time employment or a reduction in weekly working hours
• SELECTION CRITERIA RECOMMENDED BY GLP 2017 of the University of Graz⁽⁴⁾:
  • Selection and evaluation criteria that are based on a discriminatory, role-stereotypical understanding of gender ⁽⁵⁾. No criteria may be used which result in a disadvantage for female employees or applicants or which result in discrimination on the basis of gender, ethnicity, religion or belief, age or sexual orientation or on the basis of disability ⁽⁶⁾.
  • Criteria not mentioned in the tender text may not be taken into account.
  • Auxiliary criteria ⁽⁷⁾:
    • The development of auxiliary criteria is only permitted in exceptional cases if this is essential for decision-making.
    • Such auxiliary criteria must not be unobjective.
    • The development of auxiliary criteria must not deviate from the criteria specified in the tender text.
    • The auxiliary criteria must be a suitable means of reaching a decision.
    • Auxiliary criteria must be related to the future fulfillment of tasks.
    • Auxiliary criteria must not be based on a discriminatory, stereotypical understanding of gender roles.
    • If auxiliary criteria are used, the need for them and the resulting personnel decision must also be justified to the AKGL.
  • Interruptions in employment, reduction of working hours or delays in completing individual training courses due to the care of children or relatives in need of care, as well as the intention to make use of the possibility of taking parental leave or reducing working hours, must not put applicants at a disadvantage ⁽⁸⁾.
  • Non-university qualifications must be taken into account in the selection process. For example, when assessing qualifications, experience, knowledge and skills acquired through the actual care or nursing of a child or dependent relative must also be taken into account, unless this experience, knowledge and skills are irrelevant to the position to be filled ⁽⁹⁾.
• PREFERENTIAL ACCEPTANCE of female applicants in the event of existing underrepresentation of women with the same qualifications as the best-suited competitor (exception: reasons relating to the person of the competitor prevail) ⁽¹⁰⁾.

Link tip: Guidelines for personnel selection from the Coordination Office for Gender Studies and Equal Opportunities (intranet of the University of Graz).

^{(1) cf. §§ 4 Z 1 and 13 para 1 Z 1 B-GlBG.
(2) cf. § 25 para. 2 GLP 2017.
(3) cf. § 5 B-GlBG.
(4) cf. section 28 GLP 2017.
(5) cf. section 28 para 2 GLP 2017.
(6) cf. section 28 para 2 GLP 2017.
(7) cf. section 28 para 1 GLP 2017.
(8) cf. section 28 para 4 GLP 2017.
(9) cf. section 28 para 5 GLP 2017.
(10) cf. section 19 FFP 2017; section 11b B-GlBG.}

The argument 'overqualification' alone is generally not sufficient to exclude applicants if they fulfill the criteria of the job advertisement. Only if the non-fulfillment of the required qualifications is also added is this a justification.

Elimination based solely on the argument of 'over-qualification' therefore does not per se lead to the factual comprehensibility of this assessment, because in this case no statement would be made as to whether and to what extent the applicant fulfills the advertisement criteria.

1. Example: A university assistant position with a doctorate is advertised. An applicant fulfills all requirements, but also has a doctorate in a completely different subject. Eliminating this application solely on the grounds that the applicant is overqualified would not be sufficiently justified.
   
2. Example: An office management position is advertised with the requirements of relevant commercial training and several years of office experience. After graduating from high school, an applicant worked as a secretary in a company for many years, studied psychology while working and completed his degree. Eliminating the applicant on the grounds of being 'overqualified' would not do justice to this application. If, on the other hand, the applicant had studied psychology after the HAK Matura and had not acquired any office experience, the application would have to be rejected because the criterion of "several years of office experience" was not met, i.e. because of "non-qualification" and not because of "overqualification".

In principle, it is therefore only a question of non-fulfillment or fulfillment of the tender criteria.

As always, it is therefore important to provide a brief, comprehensible explanation of the qualifications of the eliminated candidates with regard to the criteria in the tender text.

The mandatory admission requirements (such as a completed Master's degree for positions for university assistants without a doctorate, or a doctorate for positions for university assistants with a doctorate) must be met at the latest at the time of preparing the appointment proposal . Acceptance without fulfilling the mandatory requirements is generally not permitted. Postponing admission until (probable) fulfillment of all requirements puts the other applicants (or potential applicants) at a disadvantage and is therefore also generally not permitted.

There may be objectively justified exceptions to this if, despite active efforts to find suitable applications (e.g. the position has already been advertised several times), there are no applicants who meet these admission requirements. In this case, admission can be postponed if there are objective indications at the time of the appointment proposal that the requirements will be met in the near future (no longer than 6 months) (e.g. preliminary assessment of the master's/doctoral thesis is documented).

• Appointment proposals serve the purpose of providing the subsequent decision-making body with a factual basis.

• The AKGL examines personnel selection procedures with regard to non-discrimination and compliance with any requirements for the advancement of women. In this context, too, the justification of the appointment proposal is of key importance. Discrimination can only be ruled out with a reasonable degree of certainty if there is a REASONABLE REASON ⁽¹⁾.

• As a rule,comprehensibility will exist if all applicants are assessed on the basis of the criteria in the advertisement text in the sense of an objective and substantiated comparison of qualifications ⁽¹⁾.

• Of course, soft skills also play an important role in the selection decision. However, applications should not be rejected solely on the basis of a lack of soft skills. In order to ensure objective comprehensibility, the technical qualifications required in the job advertisement should also be taken into account. For example, the assessment that a person is not well suited to working in a team cannot in itself constitute an objective elimination criterion. If only a lack of soft skills is to be the decisive factor, this would have to be explained in detail and substantiated with reference to the requirements of the specific position.

• If the number of applications is high, the assessment of the eliminated applicants may also include shorter summarized reasons , provided that it is clear why the applicants who were not ranked (on the appointment proposal) were eliminated ⁽¹⁾.

• The University of Graz is committed to the principle of equal linguistic treatment ⁽²⁾. Further information can be found on our homepage.

• With regard to the justification of the appointment proposal, it is also advisable to consider the section "What is to be considered in particular in the selection process from the perspective of equal treatment law?".

^{(1) See Section 28 (3) GLP 2017.
(2) See Section 12 GLP 2017.}

• List of applicants invited to interviews ⁽¹⁾.

• If an active search for suitable women is necessary due to the existing underrepresentation of women in the relevant job category at the organizational unit and if no suitable woman applies for the position, the AKGL must be provided with a written description of the measures taken to inform women about the vacancy and to motivate them to apply ⁽²⁾.

• The following documents are routinely submitted to the AKGL by the Human Resources Department: text of the advertisement, application lists, appointment proposal.

^{(1) cf. § 42 para. 6 no. 3 UG.
(2) cf. §§ 22,23 FFP 2017.}

• The AKGL has the right to appeal to the Arbitration Commission within 3 weeks if there is reason to believe that a decision by a university body constitutes discrimination on the basis of gender ⁽¹⁾.

• The AKGL's appeal to the Arbitration Commission has a suspensive effect. Enforcement of the decision is therefore inadmissible until the Arbitration Commission has reached a decision ⁽²⁾.

• As a matter of principle, the Arbitration Commission must work towards reaching an agreement between the parties involved ⁽³⁾.

• University bodies and members are obliged to provide the Arbitration Commission with information on the matter and to participate in any contact discussions ⁽⁴⁾.

• The Arbitration Commission must decide within three months whether discrimination has occurred ⁽⁵⁾.

• If the Arbitration Commission confirms the existence of discrimination on the grounds of gender, the university body must make a new personnel decision taking into account the legal opinion of the Arbitration Commission ⁽⁶⁾.

• The AKGL and the university body concerned have the right to appeal against the decision to the Federal Administrative Court ⁽⁷⁾.

• Employment contracts concluded by the rector while proceedings before the Arbitration Commission are pending or despite a negative decision by the Arbitration Commission shall be invalid ⁽⁸⁾.

^{(1) cf. § 42 para. 8 UG.
(2) cf. § 42 para. 9 UG.
(3) cf. § 43 para. 3 UG.
(4) cf. § 43 para. 4 UG.
(5) cf. § 43 para. 5 UG.
(6) cf. § 43 para. 6 UG.
(7) cf. § 43 para. 7 UG.
(8) cf. § 43 para. 8 UG.}

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