Discrimination litigation aims to protect the fundamental right to equality. In Georgia, legislation prohibits discrimination on any grounds, be it race, skin color, language, sex, age, citizenship, origin, property status, religion, or others. However, discrimination is often subtle and difficult to prove. It can manifest as refusal to hire, unequal pay, denial of service, or harassment in public spaces. Victims of discrimination need qualified legal assistance to gather evidence and prove that the differential treatment they faced was due to a protected characteristic.
Discrimination disputes are characterized by a specific procedural rule — the shifting of the burden of proof. If the plaintiff presents facts creating a presumption of discrimination, the defendant must prove that no discrimination occurred. This mechanism facilitates the protection of victims' rights but requires a strategic approach. Specialists featured on Legal.ge help identify facts of discrimination, prepare complaints, and represent clients in court to seek moral and material damages.
What does the Discrimination Litigation service cover?
- Employment Discrimination: Disputes regarding refusal to hire, promotion restrictions, unequal pay, or dismissal (e.g., due to pregnancy or age).
- Service Discrimination: Responding to denials of service by banks, shops, or other institutions based on ethnic, religious, or other grounds.
- Sexual Harassment: Legal protection against unwanted sexual behavior in the workplace or public spaces.
- Rights of Persons with Disabilities: Disputes regarding the lack of reasonable accommodation (adapted environment) in public or private facilities.
- Representation before the Public Defender: Filing applications and conducting cases with the Public Defender's Office to establish facts of discrimination.
- Damages Compensation: Court litigation to compensate for moral and material damages caused by discrimination.
Common scenarios requiring this service
A common scenario involves an employer refusing to hire a woman because she has young children, while male candidates are not asked similar questions. This is direct discrimination. Another scenario involves a wheelchair user unable to enter a bank branch due to the lack of a ramp; this violates the principle of "reasonable accommodation." A third case involves an ethnic minority individual refused a rental apartment due to their origin. In all these cases, legal action is possible.
Georgian Legal Framework
The main regulatory document is the Law of Georgia on the Elimination of All Forms of Discrimination, which prohibits discrimination in public and private spheres. Also important is the Labor Code of Georgia, regulating workplace discrimination. The Civil Procedure Code establishes a special rule for the distribution of the burden of proof in discrimination disputes. The Public Defender has a supervisory function and can issue recommendations or address the court as an "Amicus Curiae."
Step-by-step service process
The process begins with gathering evidence (so-called "comparator test" materials). The lawyer assesses whether there is "prima facie" evidence of discrimination. Then, an application can be made to the Public Defender, which is a faster and free mechanism, or a lawsuit can be filed directly in court. In court, the main goal is acknowledging the fact of discrimination and compensating for damages. The process may involve witness examinations and analysis of statistical data.
Why choose a specialist on Legal.ge?
Discrimination disputes are legally complex and require a sensitive approach. On Legal.ge, you will find lawyers experienced in anti-discrimination law with successful precedents in court. They will help you restore your dignity and defend your right to equality.
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