Discrimination allegations pose a serious challenge for any employer, threatening not only the company's finances but also its reputation and brand. Often, discrimination claims can be baseless or based on misinterpretation. Discrimination Claim Defense is a specialized legal service aimed at protecting the company's interests against unfounded accusations. Since the burden of proof often lies with the employer, presenting strong evidence to confirm that the decision (e.g., dismissal) was based on objective and fair criteria is crucial.
Lawyers featured on Legal.ge help companies prepare a solid defense strategy. This involves auditing internal documentation, preparing witnesses, and representation in court or before the Public Defender. The goal is to prove that the employer's action was driven by business necessity, competence, or disciplinary misconduct, and not by a discriminatory motive.
What does the Discrimination Claim Defense service cover?
- Case Study and Risk Assessment: Detailed analysis of the complaint and forecasting the risk of losing the dispute.
- Preparing Defense Statement: Drafting a qualified response for the court refuting the plaintiff's arguments.
- Proving Objective Circumstances: Gathering evidence (performance reviews, disciplinary records) to confirm the decision was fair.
- Liaison with Public Defender: Defending the company's position during the Ombudsman's investigation process.
- Mediation and Settlement: Attempting to resolve the dispute confidentially and out of court to avoid reputational damage.
- Preventive Measures: Reviewing internal policies to prevent future claims.
Common scenarios requiring this service
A typical scenario involves an employee dismissed for incompetence claiming it was due to their age or gender. The employer needs defense to prove the dismissal was based solely on poor performance. Another scenario is a denial of promotion linked by the employee to ethnic grounds; the lawyer helps the company substantiate that the selected candidate was more qualified. A third case involves false accusations of sexual harassment against a manager.
Georgian Legal Framework
Defense relies on the Civil Procedure Code (burden of proof) and the Labor Code. The law allows the employer to prove that differential treatment served a legitimate aim and was a necessary and proportionate means (e.g., physical strength requirement for a specific job). This is the so-called "objective justification" test.
Step-by-step service process
The lawyer first checks HR documentation: are the employee's misconducts recorded? Then a defense line is developed. If the case is in court, a defense statement is prepared. If the case is with the Public Defender, the lawyer attends hearings. Concurrently, the feasibility of settlement is assessed.
Why choose a specialist on Legal.ge?
Losing a discrimination case means a "black mark" on the company's reputation. On Legal.ge, you will find lawyers with years of experience defending employers who know how to protect your business from baseless attacks.
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