Equal Employment Opportunity (EEO) implies ensuring equal chances in the labor market and excluding discrimination at the stages of hiring, promotion, or dismissal. In Georgia, vacancies containing discriminatory requirements (e.g., "Wanted: female under 25") are common, which is a gross violation of legislation. Employers are obliged to select personnel solely based on professional skills, regardless of race, gender, age, religion, or other characteristics. Violating this principle leads to legal disputes, the number of which is increasing annually in Georgia. Legal services in this area help companies avoid discriminatory practices and comply with the law.
What Does the Equal Employment Service Cover?
Specialists on Legal.ge offer legal audit and support for HR processes:
- Job Ad Revision: Reviewing job descriptions to eliminate discriminatory terminology and requirements (age, gender, marital status).
- Interview Protocol: Recommendations on what questions cannot be asked during an interview (e.g., "Do you plan to have children?").
- Documentation of Selection Criteria: Legal justification for hiring or rejecting a candidate based on objective reasons, protecting the company in case of a dispute.
- Dispute Management: Representation in court or before the Public Defender if a candidate or employee sues the company for discrimination.
- Implementing Inclusive Policy: Developing strategies for the employment of PwDs (Persons with Disabilities) and promoting diversity.
Common Real-World Scenarios
Legal risks arise in the following cases:
- Ageism: When an experienced candidate is rejected due to age, or conversely, a young person is rejected due to lack of experience (when not relevant).
- Rejection of Pregnant Women: When a candidate who successfully passed the interview is rejected after revealing her pregnancy.
- Religious Grounds: Restrictions due to religious holidays or attire (e.g., headscarves) when scheduling work.
- Rights of PwDs: When an employer fails to provide reasonable accommodation (adapted environment).
Georgian Legislation and Legal Framework
Guarantees of equal employment are outlined in Article 2 of the Labor Code of Georgia (Prohibition of Discrimination) and the Law "On the Elimination of All Forms of Discrimination". Legislation prohibits discrimination even at the pre-contractual stage (job announcement, interview).
It is important to know that in case of a dispute, the burden of proof is reversed: if a candidate points to facts creating a suspicion of discrimination, the employer must prove that discrimination did not occur. This increases the employer's responsibility to have a documented selection process.
Step-by-Step Process with a Specialist
Risk prevention involves:
- Analysis: Checking HR documentation and procedures.
- Correction: Modifying legally flawed questionnaires and forms.
- Training: Teaching recruiters about "forbidden questions."
- Monitoring: Periodic audits on adherence to equal treatment principles.
Why Choose a Specialist on Legal.ge?
Equal employment is not just ethical but a legal necessity. The practice of the Public Defender and courts shows that discriminatory vacancies and interviews often lead to fines. Legal.ge experts will help you make your recruitment process transparent, legal, and attractive to qualified personnel.
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