The Forms and Prohibition of Discrimination
Gender-equality compliance in Georgia rests on the Law of Georgia on the Elimination of All 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, in the enjoyment of the rights established by the legislation, in a less favourable position on the ground of a protected sign — including sex — 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 achieves the same result — for an organization this means that a rule formulated neutrally may still prove discriminatory.
The law separately defines harassment — persecution, coercion or unwanted conduct towards a person on any ground, which aims at or causes the violation of the person's dignity and the creation of an intimidating, hostile or degrading environment — and sexual harassment, covering any unwanted verbal, non-verbal or physical conduct of a sexual nature. Discrimination on multiple grounds is likewise prohibited, as is any action aimed at coercing, instigating or instructing a person to discriminate against a third person. At the same time, discrimination does not include special temporary measures designed to encourage or achieve factual equality — particularly in matters of equality between women and men, pregnancy and maternity — and distinction based on the specific requirements of a particular job.
The Scope of the Law and the Reach of Equal Treatment
Under Article 3, the requirements of the law extend to the actions of public institutions, organizations, natural and legal persons in all spheres — a compliance program therefore concerns organizations of both the public and the private sector. Article 2 extends the principle of equal treatment directly to labor and pre-contractual relations: selection criteria, hiring conditions and access to career advancement at every level of the professional hierarchy, access to professional orientation and the raising of qualifications, and the conditions of employment, work, remuneration and termination of the labor relationship.
Equal treatment also extends to membership in organizations, to the conditions of social protection and health care, to education, and to access to publicly available goods and services, including housing. An organization's internal policy should map precisely onto these spheres: a review of existing rules through the lens of equality often reveals indirect discrimination hiding behind formally neutral wording.
The Obligations of the Organization
Under Article 4, in order to eliminate discrimination any institution is obliged: to review its own activity, legal acts and internal regulations, where they exist, and to bring them into conformity with this law and other anti-discrimination legislation; to react swiftly and effectively to any fact of alleged discrimination; and, where a fact of discrimination is confirmed, to impose responsibility on the violating subordinate person in accordance with the legislation and internal regulations, and to ensure the elimination of the consequences of discrimination without infringing the rights and lawful interests of third persons.
This norm shapes the three main blocks of a compliance program: prevention (an audit of the rules), response (a swift reaction to facts of harassment and discrimination) and redress (the violator's responsibility and the restoration of the victim's position). For an employer this is not a recommendation but a statutory obligation, and its breach is itself a compliance failure.
The Supervision of the Public Defender
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 application and complaint of the person or group of persons who considers themselves a victim of discrimination; studies the fact of discrimination both where an application exists and on its own initiative, and issues a relevant recommendation; summons the parties and attempts to settle the case by reconciliation; where settlement proves impossible and sufficient materials confirming discrimination exist, addresses a recommendation to the relevant institution or person for the restoration of the victim's rights; and where a recommendation goes unanswered, is empowered, as an interested person, to apply to the court.
Under Article 7, the Public Defender once a year prepares and publishes a special report on the fight against discrimination and the state of equality in the country — with general assessments, conclusions and recommendations, and information on significant violations revealed. For an organization this report is a risk indicator: the trends it reflects translate in practice into compliance priorities.
The Consideration of Complaints and the Burden of Proof
Under Article 8, a person applying to the Public Defender must indicate the facts that give grounds for the presumption of a discriminatory act and submit relevant materials. As soon as facts and evidence substantiating that presumption are presented, the burden of proof shifts to the person who allegedly carried out the discriminatory act — they must prove that discrimination was not committed. Where necessary, the Defender may appoint an oral hearing and summon the parties for reconciliation, and monitors the performance of the obligations defined by the reconciliation act.
In the course of consideration, any administrative, state-power — including prosecutorial, investigative and judicial — or municipal body is obliged to transfer to the Public Defender the materials, documents, explanations and other information connected with the case within 10 calendar days of the request. This term is also a benchmark for internal procedures: timely reaction to requests is part of a compliance culture.
Frequently Asked Questions
What are harassment and sexual harassment?
Under Article 2, harassment is 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; sexual harassment is such conduct of a sexual nature.
What obligations does an organization bear?
Under Article 4 — an audit of its activity and internal regulations, a swift and effective reaction to alleged discrimination, and, upon confirmation, the violator's responsibility and the elimination of consequences.
Who supervises equality?
The Public Defender of Georgia — through complaints, own-initiative inquiries, recommendations and an annual special report.
Who bears the burden of proof?
Once the victim presents facts and evidence substantiating the presumption, the burden shifts to the alleged discriminator, who must prove that no discrimination occurred.
How We Help on Legal.ge
Gender-equality compliance begins not with a single document but with systematic work: an audit of internal regulations, a review of selection and remuneration practices, and the introduction of procedures for the prevention of and response to harassment. The law frames these obligations directly, and their performance is a matter of the organization's reputation and legal security.
The lawyers working on Legal.ge will help you review internal policies and regulations, design a compliance program, prepare procedures for reacting to facts of discrimination, and plan action within the terms before the Public Defender or the courts. Contact us for a consultation — compliance costs less when it starts in advance.