Anti-Harassment Policy

What is the legal definition of sexual harassment?

It involves unwanted sexual conduct (verbal, non-verbal, physical) aimed at or resulting in violating dignity and creating a hostile environment.

Is the employer liable for harassment by employees?

Yes, employers can be held vicariously liable if they fail to take reasonable steps to prevent harassment or fail to respond adequately to complaints.

Can we fire someone for harassment?

Yes, gross violation of ethical norms or the law is grounds for termination, but proper investigation procedures must be followed to avoid wrongful dismissal claims.

How do we handle anonymous complaints?

Our policy includes specific protocols for investigating anonymous reports while protecting the rights of the accused to due process.

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Prevention of harassment and sexual harassment in the workplace is one of the employer's primary legal obligations. In recent years, Georgia's labor legislation has significantly tightened in this direction. The absence of Anti-Harassment Policy mechanisms puts a company at high risk, potentially resulting in financial loss and reputational destruction. A clearly written policy is not just a formality; it is a tool that ensures the psychological safety of employees, defines unacceptable behaviors, and establishes a transparent complaint handling procedure.

What does the Anti-Harassment Policy service cover?

Specialists on Legal.ge develop a comprehensive document fully compliant with Georgian law, covering:

  • Definition of harassment: Explaining in legal terms and practical examples what constitutes harassment and sexual harassment.
  • List of prohibited behaviors: Specific examples (verbal, non-verbal, physical) so employees understand where the line is drawn.
  • Complaint procedure: Detailed instructions on whom and how a victim should contact (HR, direct supervisor, anonymous hotline).
  • Review committee structure: Who reviews the complaint, how the committee is staffed, and how impartiality is ensured.
  • Confidentiality guarantees: Mechanisms protecting the personal data of both the complainant and the accused during the review process.
  • Sanctions and disciplinary measures: What measures are taken if a violation is confirmed (warning, demotion, dismissal).

Why is a separate policy necessary?

General internal regulations are often insufficient to manage specific harassment cases because:

  • Sensitivity: The topic of sexual harassment requires special confidentiality and approach that standard disciplinary proceedings cannot provide.
  • Standard of proof: Establishing the fact of harassment is often difficult without direct evidence, necessitating a special investigative protocol.
  • Victim protection: The policy must include protection of the victim from victimization (persecution for filing a complaint).

Georgian Legislation and Regulations

The service relies on the Labor Code of Georgia, which saw significant amendments in 2020 adding definitions for harassment and sexual harassment. The law defines sexual harassment as unwanted conduct of a sexual nature aimed at or resulting in violating a person's dignity and creating an intimidating, hostile, degrading, or offensive environment.

Also considered are the Public Defender's recommendations and the principles of the Istanbul Convention. Legislation obliges the employer to have an effective response mechanism; otherwise, liability extends to the employer as well.

Service Delivery Process

  1. Study of company specifics: Risk assessment based on analysis of organizational culture and hierarchy.
  2. Policy drafting: Creating a document that includes preventive and response mechanisms.
  3. Implementation consultation: Assisting in selecting a "trust group" or reviewers.
  4. Staff training: (Optional) Introducing the policy to employees to make the document truly operational.
  5. Periodic revision: Updating the policy in accordance with legislative changes.

Why choose a specialist on Legal.ge?

The topic of harassment requires not only legal knowledge but also psychological sensitivity and ethical firmness. Specialists on Legal.ge have experience implementing similar policies in both local and international organizations. They will help you create a safe environment where both employee dignity and company interests are protected.

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