Our algorithm rejected a candidate on a ground that appears protected — is that discrimination?
Under the Labour Code, differentiation or exclusion on a protected ground that denies equal opportunity in employment is discrimination. Even a formally neutral criterion can amount to indirect discrimination if it places persons at a disadvantage in connection with a protected ground and is not objectively justified by a lawful aim with necessary and proportionate means. A concrete assessment requires independent analysis of the criteria and outcomes.
Can an employer collect any information about candidates during recruitment?
No. The employer may obtain only information connected with the performance of the work and necessary to assess the candidate's ability to perform the specific job. The information received may not be made accessible to others without the candidate's consent, except where Georgian legislation so provides, and the candidate may demand back any documents submitted if no contract is concluded.
Can the workplace or working time be changed by simple notice?
Only for non-essential changes. A change of the place of work is not essential if the daily commute by public transport takes no more than 3 hours and involves no disproportionate costs, and the start or end of working time may shift by no more than 90 minutes. Changing both at the same time is an essential change requiring the employee's consent.
Must the employer justify a refusal to hire?
No — the Labour Code does not oblige the employer to justify a decision to refuse employment. That does not, however, neutralise the anti-discrimination rules: a refusal based on a protected ground is prohibited, and during pre-contractual relations the employer must acquaint the candidate with the principle of equal treatment and the means of its protection.
