Disability-based Harassment by Co-workers

The Austrian Supreme Court has held that employees who are discriminated against because of a disability may claim damages from the abusing co-worker under the Employment of Disabled Persons Act (Behinderteneinstellungsgesetz; BEinstG), even if the colleagues do not work in the same hierarchical structure.

Facts

An employee (the defendant) made disparaging comments about a blind work colleague (the victim). This happened repeatedly in the presence of other colleagues and within earshot of the victim.

The defendant and the victim did not work in the same department, but met regularly in the common mailroom. The situation was bad enough that even other employees asked the defendant to stop.