Amicus Curiae Brief on Alleged Discrimination on Grounds of Age
On September 6, 2016, the Public Defender of Georgia submitted amicus curiae brief to the Administrative Cases Panel of Tbilisi City Court concerning alleged discrimination on grounds of age.
The applicant indicates in the lawsuit that he/she was subjected to discrimination on grounds of age by Tbilisi Vano Sarajishvili State Conservatory Rector, Mr. R.K., since young age, apart from being a practicing musician, was named as one of the criteria for applying for the position of an assistant professor. The Rector explained that the criterion was aimed at balancing the age of the employees and encouraging the younger generation.
In the amicus curiae brief the Public Defender presented a test for revelation of alleged discrimination in pre-contractual labor relations, the rule of distribution of the burden of proof in discrimination cases, the practice of international institutions concerning age-based discriminatory treatment and difference between the cases where such treatment is, on the one hand, justified, and on other hand, is discriminatory. The Public Defender also presented standards of application of positive measures.