Georgia — Workplace Discrimination

Under Georgia's Fair Employment Practices Act (FEPA), state anti-discrimination protections apply only to certain public employers (agencies, boards, bureaus, commissions, or other state government entities) that employ 15 or more workers for each working day in 20 or more weeks in the current or preceding calendar year. FEPA explicitly does not cover private employers, counties, municipalities, or local governments. The Georgia Commission on Equal Opportunity (GCEO) enforces FEPA solely in connection with state government employment under these limits.

2024 amendment for expanded protections: In March 2024, the Georgia General Assembly enacted House Bill 987, amending O.C.G.A. § 45-19-21 to explicitly add "sexual orientation" and "gender identity" to the statute's protected classes for state employment, and to direct that the statute be broadly construed to effectuate these purposes. This is a material expansion from prior law, which did not enumerate these bases. FEPA's scope—covering only state agencies as defined in O.C.G.A. § 45-19-22 and clarified by Ga. Comp. R. & Regs. r. 186-1-.02(f)-(g)—remains unchanged.

Source: O.C.G.A. § 45‑19‑21 (as amended by HB 987, 2024) | O.C.G.A. § 45‑19‑22(5)-(6) | Ga. Comp. R. & Regs. r. 186-1-.02(f)-(g) | GCEO "Know Your Rights" poster

Not yet human confirmed—the 2024 statutory amendment expanding explicit coverage is a material change and should be reviewed for further agency procedural updates.

Georgia’s Fair Employment Practices Act (FEPA), O.C.G.A. § 45-19-29, makes it unlawful for a public employer to discriminate against an individual because of race, color, religion, national origin, sex, disability, or age. Under O.C.G.A. § 45-19-22(5)-(6), "public employer" and "public employment" mean only those agencies, departments, boards, bureaus, commissions, or authorities of the State of Georgia—not counties, municipalities, or any other local government entity. The Georgia Commission on Equal Opportunity interprets and enforces FEPA only as to State of Georgia government employment. Private-sector employers are not covered by Georgia’s state anti-discrimination law and remain subject exclusively to federal statutes.

Source: O.C.G.A. § 45-19-22(5)-(6) | O.C.G.A. § 45-19-29 | GCEO "Know Your Rights" poster

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.

Georgia’s Fair Employment Practices Act (FEPA) covers only state government departments, agencies, boards, commissions, and authorities with 15 or more employees for at least 20 weeks in the current or prior year (O.C.G.A. § 45-19-22(5)-(6)). FEPA does not apply to private employers, municipalities, counties, or local governments. Only public-sector employees of the State of Georgia file under this act; private-sector claims must go through the EEOC under federal law.

180-day filing deadline A written, sworn complaint must be filed with the Georgia Commission on Equal Opportunity (GCEO) within 180 calendar days after the alleged discriminatory act or practice (Ga. Comp. R. & Regs. 186-1-.04(2); O.C.G.A. § 45-19-36). If not filed in time, the claim is barred and GCEO has no authority to investigate.

Form and content requirements The complaint must be in writing, signed (sworn) by the complainant or their authorized designee, and include:

• The complainant’s name, address, and telephone number;
• The respondent’s name, address, and telephone number;
• The date, place, and specific facts of the alleged discrimination;
• The specific harm alleged;
• The basis or type of discrimination (race, color, sex, religion, national origin, handicap, age, retaliation);
• Any response by the respondent, if known at the time of filing (Ga. Comp. R. & Regs. 186-1-.04(4)).

Initial process and timelines The GCEO Administrator must serve the respondent with a copy of the complaint within 15 days after filing. Within 90 days of receipt, the Administrator must determine if there is reasonable cause to believe a violation occurred. If reasonable cause is not found, GCEO issues a written order of dismissal and must notify the complainant about the right to request a "right-to-sue" notice or to file a claim in Georgia Superior Court. The regulations do not set any deadline for seeking a right-to-sue letter or for initiating an action in court upon dismissal (Ga. Comp. R. & Regs. 186-1-.05; O.C.G.A. § 45-19-36). There are no published time limits for Superior Court proceedings in the cited statute or regulations, and the GCEO procedural FAQ does not address this.

Effective date note: The current regulatory framework under Ga. Comp. R. & Regs. Chapter 186-1 has been in effect since at least October 12, 2006; the current FEPA text took effect with major updates in 1990 and subsequent codifications.

Summary: FEPA claims for Georgia public employees must be filed with GCEO within 180 days of the alleged incident, in writing and under oath; service and investigation proceed within 15 and 90 days, respectively, but the law does not specify deadlines for requesting a right-to-sue letter or filing in court following administrative dismissal.

Source: O.C.G.A. § 45-19-22 | O.C.G.A. § 45-19-36 | Ga. Comp. R. & Regs. 186-1-.04 | Ga. Comp. R. & Regs. 186-1-.05 | GCEO Employment FAQ

180-day baseline for federal discrimination charges. Under 42 U.S.C. § 2000e-5(e)(1), claims under Title VII must be filed with the EEOC within 180 calendar days of the discriminatory act. The ADA follows the same rule by incorporating Title VII’s procedures under 42 U.S.C. § 12117(a). ADEA claims mirror this 180-day window under 29 U.S.C. § 626(d)(1).

300-day extension when a qualifying FEPA exists. The filing period stretches to 300 calendar days if a state or local fair-employment-practices agency (FEPA) enforces a law prohibiting the same type of discrimination as federal law. EEOC regulations recognize these extended limits under 29 C.F.R. § 1601.13, and list designated FEPAs at 29 C.F.R. § 1601.74.

Georgia is not a deferral state for private-sector claims. Georgia’s state law (Georgia Fair Employment Practices Act, O.C.G.A. § 45-19-20 et seq.) applies only to state government employers—not to the private sector. There is no FEPA with authority over private-sector discrimination, so private employees in Georgia must file federal claims within 180 days, not 300.

300-day window for Georgia state government employees. The exception is for current employees or applicants of the State of Georgia (not counties, localities, or private employers). They benefit from the 300-day filing window because state employment discrimination falls under Georgia’s FEPA and qualifies for the longer deadline. The EEOC’s Atlanta Field Office confirms this exception.

Summary table:

| Claim type | Filing deadline | |--------------------------------------------|-----------------| | Private-sector claims in Georgia | 180 days | | State government employee or applicant | 300 days |

Georgia’s limited deferral status—only for state employment—means most private-sector claimants must adhere to the stricter 180-day window.

Source: EEOC Atlanta – Timeliness | EEOC – Time Limits

Georgia state law does not provide workplace discrimination protections for employees of private-sector employers beyond the federal baseline. The Georgia Fair Employment Practices Act (FEPA), O.C.G.A. § 45-19-20 et seq., explicitly applies only to employers that are departments, agencies, boards, bureaus, commissions, or authorities of the State of Georgia—not to private employers, nor to counties, municipalities, or other local government entities. FEPA covers discrimination based on race, color, religion, national origin, sex, disability, or age, but this coverage is limited only to state agency employment. There is no Georgia state statute prohibiting discrimination by private employers on these or any other bases such as sexual orientation, gender identity, marital status, or genetic information.

For private-sector employees in Georgia, workplace discrimination protections arise exclusively from federal statutes. Title VII of the Civil Rights Act of 1964 prohibits discrimination by covered employers (15+ employees) on the basis of race, color, religion, sex (which, post-Bostock v. Clayton County, includes sexual orientation and gender identity), and national origin. The Americans with Disabilities Act (ADA) bars disability discrimination, and the Age Discrimination in Employment Act (ADEA) covers age (40+). With the exception of those federal categories, there is no broader Georgia law that covers additional protected classes—such as marital status, genetic information, or others—in private employment.

In summary: Georgia provides no statutory workplace discrimination rights or remedies for private-sector employees beyond what is established by federal law. Any claims for discrimination in private employment must be brought under federal statutes through the EEOC.

Source: O.C.G.A. § 45-19-29 | Georgia Commission on Equal Opportunity FAQ