If you have been discriminated against by a private entity or individual, you can bring a civil case before a court.
A mandatory prerequisite for filing a lawsuit with the court is not the consideration of the case by the Public Defender of Georgia, another person or body.
Contents of the complaint
In your claim you should:
- provide information that indicates that you believe discrimination (including the grounds) may have taken place (who, what, when, how)
- name the legal provisions which have been violated
- indicate the amount of the requested compensation
- attach relevant documents that substantiate your opinion, if there are any
Procedure and time limits
A civil claim should be submitted within 1 year after a person learned or should have learned about the circumstance that they consider discriminatory. Persons who consider themself a victim of discrimination have the right to apply to the court even if the employment relationship during which the discriminatory action was taken against them has ended.
Court’s assessment
When making a civil claim a person must present to the court facts and relevant evidence that give rise to a presumption of discriminatory action, after which the defendant bears the burden of proving that discrimination did not occur.
Compensation
The court may oblige your opponent to remedy the situation. It may order your opponent to cease the discrimination, elimination of its consequences or award you compensation. The compensation may include compensation for material (pecuniary) and moral (non-pecuniary) damages. The amount of compensation is be determined by the court.