Discrimination at work: what to do under Georgian law

What to do

1. Classification: discrimination is any distinction, exclusion or preference based on sex, age, ethnicity, religion, disability, health, family status, trade union membership, views or any other characteristic (Labour Code, Art. 4). Indirect discrimination is a neutral rule that places a person at a disadvantage without a legitimate aim and proportionality (Labour Code, Art. 4). Women and men must receive equal pay for equal work (Labour Code, Art. 4). Harassment, including sexual harassment, is a form of discrimination (Labour Code, Art. 4). The prohibition applies to vacancies and selection, promotion, pay and dismissal (Labour Code, Art. 5). The employer's defence: a distinction is not discrimination if it arises from the nature of the work and is proportionate to a legitimate aim (Labour Code, Art. 6).
2. Deadlines first. If you have been dismissed: dismissal on a discriminatory ground is not permitted (Labour Code, Art. 47); a claim regarding dismissal must be filed within 30 calendar days from the notice (Labour Code, Art. 48). Otherwise: a discrimination claim must be filed within 1 year from the moment you learned of it; it may also be filed after employment has ended (Civil Procedure Code, Art. 363²).
3. Burden of proof: it rests on the employer once the employee points to facts that suggest discrimination (Labour Code, Art. 7). Such facts include a comparison with a colleague, the vacancy, correspondence and witnesses. Retaliation is prohibited: the employer may not dismiss or pressure a person for complaining about discrimination (Labour Code, Art. 4).
4. Court: the court orders the discrimination to stop, the consequences to be eliminated, and moral and material damage to be compensated (Civil Procedure Code, Art. 363²). Applying to the Public Defender or another body before going to court is not mandatory (Civil Procedure Code, Art. 363²).
5. Labour Inspection Service (a fine, not compensation): a warning or a fine of three times the amount of the fine for a Labour Code violation (Labour Code, Art. 78). The employer is liable for harassment that it knew about and did not report to the Inspection Service or stop (Labour Code, Art. 78). The decision is made within 2 months at the latest from the complaint (Law of Georgia on the Labour Inspection Service, Art. 14).
6. Public Defender (სახალხო დამცველი) examines the complaint, mediates between the parties and issues a recommendation (Law of Georgia on the Elimination of All Forms of Discrimination, Art. 6). The recommendation is not binding, and the court time limit keeps running.
7. Where to apply: the court (civil panel); the Labour Inspection Service; the Public Defender.
8. Evidence: the vacancy and the refusal, orders, your own and your colleagues' pay slips, correspondence, witnesses.
9. Pitfalls: waiting for the outcome of the Public Defender's or the Labour Inspection Service's review and missing the court deadline; without a comparison with a colleague the burden does not shift to the employer; expecting money from the Labour Inspection Service or the Public Defender: only a court awards compensation.

Be sure to check

• what workplace discrimination is (grounds, direct and indirect, unequal pay, harassment)
• the burden of proof shifts to the employer once facts are indicated
• three routes: court (compensation), Labour Inspection Service (fine), Public Defender (recommendation)
• time limits: 30 days in case of dismissal, 1 year for a discrimination claim