Harassment Claims

Is my employer liable for harassment by a colleague?

Yes, employers can be held liable if they knew or should have known about the harassment and failed to take appropriate measures to stop it. This is called vicarious liability.

Can I record conversations to prove harassment?

Generally, covert recording is restricted, but in labor disputes involving harassment, courts may admit such recordings if they are the only way to prove the violation, balancing privacy against the right to dignity.

What if I am fired for complaining?

Retaliation against an employee for filing a complaint about discrimination is illegal. You can sue for unfair dismissal and demand reinstatement plus compensation.

Is the Public Defender's decision binding?

The Public Defender issues a recommendation. While not legally binding like a court order, it holds significant weight and can be used as strong evidence in subsequent court proceedings.

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In the modern work environment, combating discrimination and harassment (including sexual harassment) is not only an ethical imperative but a strict legal necessity. Georgian legislation clearly prohibits any form of discrimination based on race, color, sex, origin, ethnicity, language, religion, political or other views, social affiliation, property or titular status, place of residence, or any other ground. Nevertheless, employees often face degrading treatment, bullying, or unwanted sexual behavior in practice, which violates their dignity and creates a hostile work environment. "Harassment Claims" is a legal service aimed at restoring the victim's rights, compensating for moral damages, and holding the perpetrator accountable.

Labor and human rights lawyers presented on the Legal.ge platform offer comprehensive legal support for these sensitive cases. Services include:

  • Legal Case Assessment: The lawyer examines the factual circumstances and determines whether the action contains signs of discrimination or harassment under Georgian law.
  • Evidence Gathering: Obtaining and organizing electronic correspondence (SMS, email), audio-video recordings, witness testimonies, and other documentary material.
  • Appeal to the Public Defender: Preparing and submitting a complaint to the Office of the Public Defender of Georgia to establish the fact of discrimination.
  • Court Representation: Filing a lawsuit in court demanding compensation for moral and material damages, as well as the cessation of discriminatory actions.
  • Negotiation with Employer: Attempting to settle the dispute out of court confidentially, in exchange for compensation or improved working conditions.

Discrimination and harassment claims are relevant in many situations. For example, a female employee is fired due to pregnancy; a manager systematically makes sexist comments towards a subordinate; or an employee is denied promotion due to their ethnic background. It is also common for employers to create unbearable conditions (mobbing) to force an employee to resign voluntarily. In all these cases, the involvement of a qualified lawyer is essential, as the burden of proof is often complex and requires specific knowledge.

In Georgia, this field is regulated by the "Organic Law of Georgia - Labor Code," the "Law on Elimination of All Forms of Discrimination," and the Civil Procedure Code. The legislation provides for the principle of shifting the burden of proof: if the plaintiff points to facts creating a presumption of discrimination, the defendant (employer) must prove that discrimination did not take place. This is a significant lever for the employee.

The process begins with a confidential consultation. The lawyer evaluates the evidence and chooses a strategy — whether to appeal to the Public Defender or directly to the court. In court, it is possible to demand not only compensation but also the annulment of a discriminatory order and reinstatement at work.

Legal.ge is your reliable ally in protecting your dignity. Do not tolerate harassment; our lawyers will help you restore justice and regain a safe working environment.

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