Purpose and Scope of the Law
The first article of the Law of Georgia on the Elimination of All Forms of Discrimination sets as its purpose the elimination of all forms of discrimination and the assurance of equal enjoyment of the rights established by the legislation of Georgia for every natural and legal person, regardless of race, color, language, sex, age, citizenship, origin, place of birth, place of 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 opinion or any other characteristic. Under the third article of the law, its requirements apply to the actions of public institutions, organizations and natural and legal persons in all spheres, provided those actions are not regulated by another legal act that conforms to the relevant provisions of the second article.
The Concept and Forms of Discrimination
The second article of the law defines the forms of discrimination. Direct discrimination is such treatment or the creation of such conditions as place a person, because of a listed characteristic, in a less favorable position compared with other persons in analogous conditions. Indirect discrimination means a provision, criterion or practice that is neutral in form but discriminatory in substance and leads to the same result. The law separately defines harassment — persecution, coercion or unwanted conduct aimed at or causing the violation of a person's dignity and the creation of an intimidating, hostile, degrading or offensive environment — and sexual harassment, any unwanted verbal, non-verbal or physical conduct of a sexual nature with the same effect. Multiple discrimination means discrimination on the basis of two or more characteristics. The state must take all possible measures to ensure reasonable accommodation, and an unjustified refusal of reasonable accommodation is also deemed discrimination.
What Does Not Count as Discrimination
The law clearly separates permissible differential treatment from prohibited discrimination. Discrimination does not include special and temporary measures designed to encourage or achieve factual equality, especially with respect to the equality of women and men, issues of pregnancy and maternity, and with respect to persons with disabilities. Difference, inadmissibility and privilege connected with a particular job, activity or sphere that is based on specific requirements do not constitute discrimination either. In addition, differential treatment, the creation of conditions or a situation is permissible where a compelling state interest exists and the intervention of the state is necessary in a democratic society. The correct application of these exceptions is often precisely the subject of litigation, because the claimant takes the view that the invoked exception in fact justifies a discriminatory practice.