Public Defender Submits Amicus Curiae Brief on Alleged Sexual Harassment in Private Company
On 18 October 2019, the Public Defender of Georgia filed an amicus curiae brief in connection with the case of alleged sexual harassment with the Tbilisi City Court. The plaintiff's interests were represented in the Public Defender's Office by the Human Rights Partnership.
The applicant alleges that she was sexually harassed by her supervisor while working in a private company, as a result of which, she was forced to quit.
The Public Defender of Georgia considered it important to submit an amicus curiae brief, as sexual harassment - one of the forms of discrimination - represents a significant challenge in Georgia. On the one hand, the legislative framework of Georgia is new, and on the other hand, the practice of the judiciary is scarce in this direction, which may complicate the hearing of the case. In addition, the legal test for sexual harassment is different from the direct and indirect discrimination tests.
Based on the Georgian legislation and the standards set by international institutions, the Public Defender focused on the notion of sexual harassment, specificity of the test, legitimate aim and the standard of burden of proof.