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Harassment Investigations

What is the burden of proof in harassment cases in Georgia?

In discrimination and harassment cases, the burden of proof is reversed. The employer must prove that harassment did NOT take place once the employee presents basic facts.

Can an employee be fired for harassment?

Yes, gross violation of labor discipline or creating an unsafe work environment are grounds for termination under the Labor Code, provided the investigation confirms the facts.

Is verbal bullying considered harassment?

Yes, if it creates a hostile, humiliating, or intimidating environment. While "simple rudeness" might not be illegal, systematic bullying (mobbing) violates labor rights.

How can a small business conduct an impartial investigation?

Small businesses often lack HR departments. The best solution is to hire an external independent lawyer (like those on Legal.ge) to conduct the investigation neutrally.

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Internal investigation of harassment is a delicate and legally regulated process aimed at identifying and eliminating discrimination, sexual harassment, and bullying in the workplace. With the tightening of labor safety and anti-discrimination legislation in Georgia, employers have a direct obligation to respond to employee complaints. Ignoring harassment incidents or conducting improper investigations not only violates the employee's dignity but also exposes the company to serious financial and reputational risks. An independent investigation conducted by a qualified lawyer is the best way to restore justice and ensure compliance with legal requirements.

What Does the Harassment Investigation Service Cover?

Harassment investigations require objectivity, confidentiality, and psychological tact. Specialists on Legal.ge offer full services in this area:

  • Receipt and Initial Assessment of Complaint: Legal analysis of the incoming complaint, qualification of the act (discrimination, harassment, sexual harassment), and determination of urgent measures.
  • Conducting Independent Investigation: Acting as a neutral investigator, ensuring the impartiality of the process and eliminating conflicts of interest.
  • Interviewing Parties and Witnesses: Confidential interviews with the victim, the alleged offender, and eyewitnesses.
  • Evidence Collection: Analysis of email correspondence, social media messages, and other objective evidence.
  • Preparation of Report and Recommendations: Establishing factual circumstances and providing recommendations to the employer regarding disciplinary liability (warning, termination).

Common Real-World Scenarios

Legal intervention is necessary during the following types of incidents:

  • Sexual Harassment: Unwanted conduct of a sexual nature, suggestions, or comments that create a humiliating environment.
  • Mobbing and Bullying: Systematic psychological terror, exclusion, mockery, or unjustified criticism of an employee by a manager or colleagues.
  • Discriminatory Treatment: Harassment of an employee based on protected characteristics (gender, religion, ethnicity, political views).
  • Workplace Retaliation: When an employee is harassed because they blew the whistle or filed a complaint against management.
  • Toxic Work Environment: A general unhealthy atmosphere where offensive language and unethical behavior have become the norm.

Georgian Legislation and Legal Framework

Harassment regulation in Georgia has been significantly refined in recent years. The Labor Code of Georgia (Article 2) explicitly prohibits discrimination and harassment in labor relations. Sexual harassment is defined as unwanted conduct of a sexual nature that aims to or results in violating a person's dignity.

Additionally, the Law of Georgia on the Elimination of All Forms of Discrimination is in force, obliging organizations to have effective mechanisms against discrimination. The Public Defender's Office (Ombudsman) actively reviews such cases and issues recommendations.

The employer bears the "burden of proof" in labor disputes — meaning they must prove that discrimination did not occur. If the company fails to conduct a proper internal investigation, the court will likely satisfy the victim's claim and order the company to pay compensation for moral damages.

Step-by-Step Process with a Specialist

The involvement of a lawyer ensures the fairness of the process:

  1. Guarantee of Confidentiality: Non-disclosure agreements are signed with all participants before the process begins.
  2. Interim Measures: If necessary, temporary separation of parties (e.g., moving to remote work) until the investigation is completed.
  3. Fact-Finding: Interviewing witnesses using empathetic and non-discriminatory methods.
  4. Legal Assessment: Qualification of the act according to legislation and the company's internal regulations.
  5. Response: Applying sanctions to the offender or, in case of false accusations, taking appropriate measures.

Why Choose a Specialist on Legal.ge?

Investigating harassment facts requires not only legal knowledge but also high emotional intelligence and ethical standards. Internal HR departments often fail to maintain objectivity due to conflicts of interest. Legal.ge gives you access to independent experts who ensure a neutral, professional, and legally compliant investigation, protecting your organization's culture and reputation.

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