Employees in Georgia have the right to be free from discrimination and harassment in the workplace. This is protected under several important pieces of legislation, including the Labour Code of Georgia. Read on to learn what you need to know about anti-discrimination laws in Georgia as an employer.
Anti-discrimination laws in Georgia
The main anti-discrimination laws in Georgia are:
- The Labour Code of Georgia.
- The Law of Georgia on the Elimination of All Forms of Discrimination.
Together, these laws prohibit discrimination across employment and other areas of life in Georgia and establish remedies for victims.
Protected characteristics in Georgia
Under Georgia’s labour code, discrimination is explicitly prohibited on any of the following grounds:
- Race.
- Skin colour.
- Language.
- Ethnicity.
- Social status.
- Nationality.
- Origin.
- Material status or position.
- Place of residence.
- Age.
- Sex.
- Sexual orientation.
- Marital status.
- Handicap.
- Religious, public, political, or other affiliation.
The Law on the Elimination of All Forms of Discrimination, which was enacted in 2014, extends protections to all grounds covered by the Constitution and relevant international treaties, which include gender identity and health status.
Protections against harassment in Georgia
Anti-discrimination laws in Georgia specifically prohibit harassment, which it defines as unwanted conduct that creates an intimidating, hostile, humiliating, degrading, or abusive environment. At the moment, the Labour Code does not contain a dedicated chapter on sexual harassment. However, the International Labour Organisation (ILO) has recommended explicit inclusion to strengthen enforcement.
Remedies for discrimination in Georgia
Victims of discrimination or harassment in Georgia may file a complaint with the Public Defender of Georgia (Ombudsman) or initiate civil proceedings in the common courts. If the complaint is upheld, the courts may order the harassment or discrimination to stop, restore rights to the wronged employee, and award them compensation for moral and material damages.
Discrimination is also punishable under Georgian criminal law if it has caused serious consequences for the employee in question. In these circumstances, employees can submit a complaint to the State Police. If they feel that the violation of their rights has not been remedied by Georgian courts or institutions, they may also complain to international and European institutions such as the European Court of Human Rights or the UN Human Rights Committee.