2.3 Sexual harassment Legal Review Within the 2019 Sexual Harassment Legislative Regulation, the Parliament of Georgia introduced amendments to the Labour Code concerning the issue of sexual harassment. It was the first attempt of labour legislation in Georgia to prohibit workplace sexual harassment. The main goal of the amendments was to trigger a psychological and cultural shift in Georgian society to understand that sexual harassment in labour relations should be prohibited. According to Article 4.6 of the Labour Code sexual harassment is defined as“conduct of a sexual nature towards a person, with the purpose and/or effect of violating the dignity of the person concerned and creating an intimidating, hostile, degrading, humiliating or offensive environment for him/her.” The same Article includes a note in relation to the definition of sexual harassment stating that“for the purposes of this Law, conduct of a sexual nature includes uttering and/or addressing a person with phrases of a sexual nature, displaying genitals, and/or any other non-verbal physical conduct of a sexual nature.” Regulation of the Labour Code related to sexual harassment should be further improved. The definition of sexual harassment, as provided in the Labour Code, already covers the prohibition of hostile environment sexual harassment. However, it does not include the prohibition of quid pro quo 51 sexual harassment and the definition of what constitutes conduct of a sexual nature is not as clear/broad as it should be. First of all, it should be stressed that Article 4.6 of the Labour Code is too narrow even when compared to the prohibition of hostile work environment, sexual harassment in labour relations as regulated by Law on Gender Equality. 52 Moreover, Article 4.6 is not in line with EU law and international labour standards. Article 2(1)(d) of the Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation(recast), provides the following definition of sexual harassment:“where any form of unwanted verbal, non-verbal or physical conduct of a sexual nature occurs, with the purpose or effect of violating the dignity of a person, in particular when creating an intimidating, hostile, degrading, humiliating or offensive environment”. In its 2021 Observation, the CEACR: “notes with interest the introduction of a definition and prohibition of sexual harassment in the Labour Code, but notes that this definition does not cover the full 51. Defined as any physical, verbal or non-verbal conduct of a sexual nature and other conduct based on sex affecting the dignity of women and men which is unwelcome, unreasonable and offensive to the recipient; and a person’s rejection of, or submission to, such conduct is used explicitly or implicitly as a basis for a decision which affects that person’s job 52. According to Article 6(1)(b) of the Law on Gender Equality, it is prohibited in labour relationships to have any type of sexual verbal, non-verbal or physical behaviour, which is aimed at or causes violation of person’s dignity or creation of humiliating, hostile or offensive environment for the person. 34
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