Discrimination claims are one of the most sensitive and complex areas in labor law. Georgian legislation, specifically the Labor Code and the Law on the Elimination of All Forms of Discrimination, strictly prohibits any form of discrimination in the workplace — whether at the pre-contractual stage (vacancy/interview) or during employment. Discrimination can be direct or indirect, based on race, gender, age, religion, political opinion, or other grounds. Often, employers mask discriminatory motives with other, ostensibly objective reasons (e.g., reorganization).
Victims of discrimination have the right to demand restoration of violated rights, compensation for lost wages, and moral damages. The specificity of these disputes lies in the burden of proof distribution: if the employee indicates facts creating a presumption of discrimination, the employer must prove that no discrimination occurred. Lawyers registered on Legal.ge will help you identify facts of discrimination, gather evidence, and defend your dignity before the court or the Public Defender.
What does the Discrimination Claims service cover?
- Identifying Discrimination: Analyzing facts to determine if a specific action (e.g., denial of promotion) was driven by a discriminatory motive.
- Preparing Lawsuits: Drafting substantiated lawsuits for material and moral damages compensation.
- Conducting Comparator Test: Comparing the client's situation with other employees in similar conditions to prove discrimination.
- Representation before Public Defender: Handling cases in the Ombudsman's office to establish the fact of discrimination and obtain recommendations.
- Sexual Harassment: Legal protection against unwanted sexual behavior in the workplace.
- Equal Pay Disputes: Litigation to eliminate gender-based pay gaps and seek compensation.
Common scenarios requiring this service
A typical scenario involves a female employee dismissed after announcing her pregnancy, officially due to "downsizing." This is classic discrimination. Another scenario is age discrimination, where an experienced employee is forced out to hire "younger staff." A third case involves political persecution in public service, where an employee faces unbearable conditions due to dissenting opinions.
Georgian Legal Framework
The main legal basis includes the Constitution of Georgia, the Labor Code (Articles 2 and 4), and the Law on the Elimination of All Forms of Discrimination. The law prohibits both direct and indirect discrimination. Article 363-prima of the Civil Procedure Code defines the burden of proof distribution, facilitating the employee's position.
Step-by-step service process
The process begins with gathering evidence (emails, orders, witness testimonies). The lawyer prepares a "comparator test." Then, an appeal can be made to the Public Defender (free and fast) or directly to the court. In court, the lawyer demands recognition of discrimination, reinstatement (if dismissed), and compensation.
Why choose a specialist on Legal.ge?
Discrimination disputes require not only legal knowledge but also a deep understanding of human rights. On Legal.ge, you will find lawyers with successful precedents in anti-discrimination cases who can protect your dignity and equality.
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