The Essence and Purpose of the Equality Law
Civil rights law in Georgia places equality guarantees at its centre. Under Article 1 of the Law of Georgia on the Elimination of All Forms of Discrimination, the purpose of the law is to eliminate all forms of discrimination and to ensure that every natural and legal person enjoys the rights established by Georgian legislation on an equal basis. Protection extends to everyone regardless of race, colour of skin, language, sex, age, citizenship, origin, place of birth or residence, property or social status, religion or belief, national, ethnic or social affiliation, profession, family status, state of health, disability, sexual orientation, political or other views, or any other ground. Such a broad catalogue means the law establishes one equal legal standard for all rather than protecting selected groups.
The Concept and Forms of Discrimination
Article 2 of the law defines the forms of discrimination. Direct discrimination is treatment, or the creation of conditions, that places a person at a disadvantage because of any protected ground compared with other persons in analogous circumstances. Indirect discrimination exists where a provision, criterion or practice that is neutral in form is discriminatory in substance. Harassment is persecution, coercion or unwanted conduct that violates dignity and creates an intimidating, hostile or offensive environment, while sexual harassment covers unwanted verbal, non-verbal or physical conduct of a sexual nature. Discrimination on multiple grounds exists where it occurs because of two or more grounds. It is prohibited to coerce, incite or instruct a person to discriminate against a third person. Importantly, discrimination exists regardless of whether the person actually possesses the ground because of which the discriminatory act was carried out. At the same time, special and temporary measures designed to promote or achieve de facto equality, in particular regarding equality between women and men, pregnancy and maternity, and towards persons with disabilities, do not constitute discrimination. An unjustified refusal of reasonable accommodation, in accordance with the Law on the Rights of Persons with Disabilities, is also deemed discrimination.
The Scope of the Law and the Areas of Equal Treatment
Under Article 3, the requirements of the law apply to the actions of public institutions, organisations, natural persons and legal persons in all areas, unless those actions are regulated by another legal act consistent with the law. The principle of equal treatment extends specifically to labour and pre-contractual relations: selection criteria and hiring conditions, access to career advancement at every level of professional hierarchy regardless of the field, access to professional orientation, qualification development, training and retraining in all forms, and the conditions of employment, remuneration and termination. It also covers membership in organisations of employees or employers, social protection and social security, health care services, education, and publicly available goods and services, including housing.