The Purpose of the Law and the Protected Grounds
The rights of LGBTQ+ persons in Georgia are protected on the same anti-discrimination foundation that applies to everyone. Article 1 of the Law of Georgia on the Elimination of All Forms of Discrimination names sexual orientation directly among the grounds by reference to which every natural and legal person has the right to enjoy equally the rights established by the legislation. The purpose of the law is the elimination of all forms of discrimination — the list of protected grounds includes race, language, sex, age, religion, ethnic affiliation, disability and others, with sexual orientation among them, and the list closes with the words "or other ground", which means that protection is not exhausted by the enumerated cases.
The practical significance of this norm is this: unequal treatment because of sexual orientation is a violation of the law in Georgia — at work, in education, in services or in any other sphere. The law connects this violation to concrete legal consequences and protection mechanisms, which this page examines.
The Forms of Discrimination
Under Article 2, any kind of discrimination is prohibited in Georgia. Direct discrimination is such treatment or the creation of conditions that places a person, because of a protected ground, in a less favourable position compared with other persons in analogous conditions. Indirect discrimination is a situation where a provision, criterion or practice that is neutral in form but discriminatory in substance leads to the same result — for example, a rule that formally applies to everyone but in fact places LGBTQ+ persons in an unequal position.
The law separately defines harassment — persecution, coercion or unwanted conduct towards a person which aims at or causes the violation of dignity and the creation of an intimidating, hostile or degrading environment — and sexual harassment. Discrimination on multiple grounds is prohibited, as is the coercion of a person or the giving of an instruction to discriminate against a third person. An important detail: discrimination exists regardless of whether the person actually has the ground for which the discriminatory act was committed against them — protection also covers a perceived ground.
The Scope of the Law
Under Article 3, the requirements of the law extend to the actions of public institutions, organizations, natural and legal persons in all spheres. This means that protection covers the actions of state bodies — a school, a university, an agency — and equally those of a private employer, a shop, a clinic or any other service provider. Article 2 extends the principle of equal treatment directly to labor and pre-contractual relations — from selection through remuneration to the termination of the relationship — as well as to education, health care, social protection and publicly available goods and services.
Consideration by the Public Defender and the Burden of Proof
Under Article 6, supervision over the elimination of discrimination and the ensuring of equality is exercised by the Public Defender of Georgia. The Defender considers the victim's application and complaint, studies the fact on its own initiative as well and issues a recommendation; summons the parties for reconciliation; where reconciliation is impossible, addresses a recommendation to the relevant institution or person for the restoration of the victim's rights; and where a recommendation goes unanswered, applies to the court itself.
Under Article 8, applying to the Public Defender is not burdened by a heavy evidentiary threshold: the person must indicate facts that substantiate the presumption of a discriminatory act and submit relevant materials. Once this is done, the burden of proof shifts to the alleged violator, who must prove that discrimination was not committed. Upon the Defender's requests, every state and municipal body is obliged to transfer materials within 10 calendar days of the request.
A Claim Before the Court
Under Article 10, any person who considers themselves a victim of discrimination has the right to bring a claim before the court against the person or institution that, in their view, discriminated against them, and to demand compensation for moral or material damage. The procedure for applying to the court is determined by the Civil Procedure Code of Georgia.
In this way a two-level system of protection is created: the Public Defender — a swift, recommendation-based mechanism oriented towards reconciliation — and the court, the final instance where compensation for damage is claimed. A victim may use the second level directly, or employ both mechanisms in sequence.
Frequently Asked Questions
Is discrimination based on sexual orientation prohibited?
Yes — Article 1 of the law names sexual orientation directly among the protected grounds, and under Article 2 any kind of discrimination is prohibited.
What is indirect discrimination?
A provision, criterion or practice that is neutral in form but discriminatory in substance, placing a person in a less favourable position because of a protected ground.
Who bears the burden of proof?
After the victim presents facts and evidence substantiating the presumption, the burden shifts to the alleged violator, who must prove that discrimination did not occur (Article 8).
What may be claimed before the court?
Under Article 10 — compensation for moral or material damage from the person or institution that committed the discrimination.
How We Help on Legal.ge
The protection of the rights of LGBTQ+ persons begins with giving the act its correct legal qualification: distinguishing direct from indirect discrimination, harassment and sexual harassment, assessing the evidence and the grounds of the presumption, identifying the responsible person or institution, and choosing the route of protection — the Public Defender, the court, or both.
The lawyers working on Legal.ge will help you prepare the application and complaint, systematize the evidence, present the case in the proceedings before the Public Defender, and prepare the claim for compensation of damage before the court. Contact us for a consultation — protection mechanisms work when they are used correctly and in time.