Georgia — Workplace Discrimination

Georgia's Fair Employment Practices Act (O.C.G.A. § 45-19-20 et seq.) prohibits employment discrimination based on race, color, religion, national origin, sex, age, and disability, but applies only to public employers (state agencies, counties, municipalities, and other governmental entities) with 15 or more employees. Private-sector employers in Georgia are not covered by state anti-discrimination law; they remain subject exclusively to federal statutes (Title VII, ADA, ADEA) enforced by the EEOC. The Georgia Commission on Equal Opportunity administers the state Act for public employees.

Source: Ga. R. & Regs. R. 186-1 (Commission on Equal Opportunity regulations) | Georgia Commission on Equal Opportunity

Georgia's Fair Employment Practices Act (O.C.G.A. § 45-19-29) makes it unlawful for a public employer to discriminate against any individual "because of such individual's race, color, religion, national origin, sex, disability, or age." These seven protected characteristics apply only to public-sector employment in Georgia (state agencies, counties, municipalities, and other governmental entities with 15 or more employees). Private employers in Georgia are not covered by state anti-discrimination law and remain subject exclusively to federal statutes.

Source: Ga. R. & Regs. R. 186-1

Because Georgia's Fair Employment Practices Act covers only public employers with 15 or more employees, private-sector employers in Georgia are governed by federal anti-discrimination statutes enforced by the U.S. Equal Employment Opportunity Commission (EEOC). Three principal federal statutes establish workplace discrimination protections applicable throughout Georgia.

Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on race, color, religion, sex, and national origin. The statute defines "employer" as a person engaged in an industry affecting commerce who has 15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year (42 U.S.C. § 2000e(b)). Section 703(a) makes it unlawful for a covered employer to discriminate against any individual with respect to compensation, terms, conditions, or privileges of employment because of such individual's race, color, religion, sex, or national origin. Section 704(a) prohibits retaliation against an individual who has opposed any practice made unlawful by Title VII or who has made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under the statute.

The Americans with Disabilities Act (ADA) prohibits discrimination on the basis of disability in employment. Title I defines "employer" as a person engaged in an industry affecting commerce who has 15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year (42 U.S.C. § 12111(5)(A)). The statute took effect for employers with 25 or more employees on July 26, 1992, and expanded to employers with 15 or more employees on July 26, 1994 (42 U.S.C. § 12111(5)(A), transitional rule). Section 102(a) makes it unlawful to discriminate against a qualified individual on the basis of disability in regard to job application procedures, hiring, advancement, discharge, compensation, job training, and other terms, conditions, and privileges of employment. A "qualified individual" is one who, with or without reasonable accommodation, can perform the essential functions of the employment position (42 U.S.C. § 12111(8)). Section 12203(a) prohibits retaliation against any individual who has opposed an act or practice made unlawful by the ADA or who has made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under the Act.

The Age Discrimination in Employment Act of 1967 (ADEA) protects individuals who are 40 years of age or older from employment discrimination based on age. The ADEA defines "employer" as a person engaged in an industry affecting commerce who has 20 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year (29 U.S.C. § 630(b))—a higher threshold than Title VII and the ADA. Section 623(a) makes it unlawful for an employer to fail or refuse to hire, or to discharge, any individual or otherwise discriminate against any individual with respect to compensation, terms, conditions, or privileges of employment, because of such individual's age. Section 623(d) prohibits retaliation against individuals who oppose practices made unlawful by the ADEA or who participate in investigations, proceedings, or litigation under the statute.

All three statutes apply to private employers, state and local governments, employment agencies, and labor organizations. Employees who believe their rights under these statutes have been violated must file a charge of discrimination with the EEOC, which investigates, attempts conciliation, and may bring a civil action against private-sector respondents or refer cases involving governmental respondents to the Attorney General.

Source: Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. | Americans with Disabilities Act, 42 U.S.C. § 12101 et seq. | Age Discrimination in Employment Act, 29 U.S.C. § 621 et seq.