Austrian court awards damages to non-binary customer over gender options

An Austrian court has awarded €500 in damages to a non-binary person after a telecom provider offered only “woman” or “man” as forms of address. ORF reported the ruling, citing the Klagsverband, an umbrella association that works to enforce the rights of people affected by discrimination.

The person wanted to sign an internet contract with the provider in 2024. The application form had no gender-neutral option, which could have led to the person being addressed incorrectly in future contracts, bills and promotional mailings.

The Vienna Regional Court for Civil Law Matters ruled that companies must not assign customers a gender they do not identify with. It found discrimination on the grounds of gender and ordered the provider to pay €500.

The Klagsverband said the Equal Treatment Act prohibits discrimination in access to goods and services. It said people who do not identify as women or men can face a choice between selecting an incorrect gender and being unable to obtain a product or service.

To avoid discrimination, the association recommends that companies not collect gender identity information when it is unnecessary. It suggests using a neutral greeting, such as “Good day, first name, surname.”

Austria’s civil status register has offered the options male, female, inter, diverse, open or no entry since 2020. The law does not specify how many genders there are or which genders exist.