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GEORGIA CODE (Last Updated: August 20, 2013) |
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Title 45. PUBLIC OFFICERS AND EMPLOYEES |
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Chapter 19. LABOR PRACTICES |
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Article 2. FAIR EMPLOYMENT PRACTICES |
| § 45-19-20. Short title |
| § 45-19-21. Purposes and construction of article |
| § 45-19-22. Definitions |
| § 45-19-24. Commission on Equal Opportunity created; appointment of administrator; assignment of commission to Governor for administrative purposes |
| § 45-19-25. Function of administrator |
| § 45-19-26. Attorney General to be legal adviser to administrator |
| § 45-19-27. Additional powers and duties of administrator |
| § 45-19-28. Limitation on provisions of article relating to age discrimination |
| § 45-19-29. Unlawful practices generally |
| § 45-19-30. Unlawful practices in training or apprenticeship programs |
| § 45-19-31. Unlawful practices in advertisement of employment |
| § 45-19-32. Unlawful practice for party to violate conciliation agreement |
| § 45-19-33. Different standards of compensation or different terms and conditions of employment where not based on race, color, religion, sex, national origin, disability, or age |
| § 45-19-34. Hiring, employing, or selecting for training programs where religion or national origin a bona fide occupational qualification |
| § 45-19-36. Filing complaints of unlawful practice; action by administrator |
| § 45-19-37. Appointment of special master to conduct hearing on complaint; procedure |
| § 45-19-38. Findings, conclusions, and order of special master generally; order to cease and desist from unlawful practice and to take remedial action |
| § 45-19-39. Appeal to superior court of final order of special master or complaint dismissed by administrator |
| § 45-19-40. Entry of court judgment based upon final order of administrator or special master; notification of parties; effect of judgment |
| § 45-19-41. Administrator to have exclusive jurisdiction over claims under article; final determination of claim bars further state actions |
| § 45-19-42. Procurement of violation of article by person not subject thereto not a defense |
| § 45-19-44. Unlawful practices punishable by civil fine |
| § 45-19-45. Unlawful conspiracies |
| § 45-19-46. Overtime compensation |
REFS & ANNOS
TITLE 45 Chapter 19 Article 2 NOTE
EDITOR'S NOTES. --Ga. L. 1983, p. 1097, effective July 1, 1983, deleted the Code sections formerly codified at this article and enacted the present article. The 1983 Act had the effect of amending or reenacting without change the Code sections comprising this article. The 1983 Act also had the effect of repealing former § 45-19-46, which was enacted by Ga. L. 1982, p. 1253, § 2, and which became effective November 1, 1982 (but see § 1 of the 1982 Act for similar provisions given effect prior to the November 1, 1982, effective date of the Code). Former § 45-19-46 provided for the repeal of this article on July 1, 1985.
LAW REVIEWS. --For article surveying recent developments in Georgia administrative law, see 34 Mercer L. Rev. 393 (1982). For article, "Wheel of Fortune: A Critique of the 'Manifest Imbalance' Requirement for Race-Conscious Affirmative Action under Title VII," see 43 Ga. L. Rev. 993 (2009).
JUDICIAL DECISIONS
SUPERIOR COURTS HAVE SUBJECT MATTER JURISDICTION over timely Title VII claims under the Civil Rights Act of 1964 filed pursuant to Equal Employment Opportunity Commission notification to the claimant that, the federal prerequisites for suit having been fulfilled, suit may be filed. Collins v. DOT, 208 Ga. App. 53, 429 S.E.2d 707 (1993).
ORIGINAL STATE COURT JURISDICTION. --The General Assembly's adoption of the Fair Employment Practices Act (FEPA), O.C.G.A. Art. 2, Ch. 19, T. 45, providing a state remedy, enforceable in state courts following state administrative proceedings, does not and cannot preclude pursuit of a ripe and independent federal Title VII of the Civil Rights Act of 1964 action in state courts. The superior courts' appellate jurisdiction over state FEPA claims does not affect their original jurisdiction over Title VII claims. Collins v. DOT, 208 Ga. App. 53, 429 S.E.2d 707 (1993).
CITED in Bleakley v. Jekyll Island-State Park Auth., 536 F. Supp. 236 (S.D. Ga. 1982); Washington v. Department of Human Resources, 759 F. Supp. 825 (M.D. Ga. 1991).
OPINIONS OF THE ATTORNEY GENERAL
TO BE SUBJECT OF CHARGE UNDER O.C.G.A. ART. 2, CH. 19, T. 45, particular state agency must be charging party's employer. 1980 Op. Att'y Gen. No. 80-72.
Under this article, a charge of discrimination may be brought only against charging party's employer. 1980 Op. Att'y Gen. No. 80-72.
JURISDICTION OVER CHARGES OF UNLAWFUL EMPLOYMENT DISCRIMINATION IN UNIVERSITY SYSTEM. --Georgia Office of Fair Employment Practices and Board of Regents of the University System of Georgia have concurrent jurisdiction over charge of unlawful employment discrimination in the university system. If either renders a final administrative determination, the other agency is barred from reconsidering those issues considered in earlier administrative proceeding provided same parties are involved in both proceedings. 1980 Op. Att'y Gen. No. 80-74.
RESEARCH REFERENCES
Am. Jur. Proof of Facts. --Discrimination Under Age Discrimination in Employment Act, 10 POF2d 1.
Age as Bona Fide Occupational Qualification Under ADEA, 15 POF2d 481.
Proof of Discrimination Under Age Discrimination in Employment Act, 44 POF3d 79.
Contingent Worker's Protection Under Federal Anti-Discrimination Statutes, 57 POF3d 75.
Am. Jur. Trials. --Employment Discrimination Action under Federal Civil Rights Acts, 21 Am. Jur. Trials 1.
Disability Discrimination Based on Dyslexia in Employment Actions Under the Americans with Disabilities Act, 74 Am. Jur. Trials 255.
ALR. --What constitutes unfair labor practice under state public employee relations Acts, 9 ALR4th 20.
Rights of state and municipal public employees in grievance proceedings, 46 ALR4th 912.
Judicial construction and application of state legislation prohibiting religious discrimination in employment, 37 ALR5th 349.
Employee's retention of benefits received in consideration of promise not to enforce claims under Age Discrimination in Employment Act as ratification of otherwise invalid or voidable waiver under § 7(f)(1) of act (29 USCS § 626(f)(1)), 128 ALR Fed. 577.
LAW REVIEWS. --For article surveying recent developments in Georgia administrative law, see 34 Mercer L. Rev. 393 (1982). For article, "Wheel of Fortune: A Critique of the 'Manifest Imbalance' Requirement for Race-Conscious Affirmative Action under Title VII," see 43 Ga. L. Rev. 993 (2009).
JUDICIAL DECISIONS
SUPERIOR COURTS HAVE SUBJECT MATTER JURISDICTION over timely Title VII claims under the Civil Rights Act of 1964 filed pursuant to Equal Employment Opportunity Commission notification to the claimant that, the federal prerequisites for suit having been fulfilled, suit may be filed. Collins v. DOT, 208 Ga. App. 53, 429 S.E.2d 707 (1993).
ORIGINAL STATE COURT JURISDICTION. --The General Assembly's adoption of the Fair Employment Practices Act (FEPA), O.C.G.A. Art. 2, Ch. 19, T. 45, providing a state remedy, enforceable in state courts following state administrative proceedings, does not and cannot preclude pursuit of a ripe and independent federal Title VII of the Civil Rights Act of 1964 action in state courts. The superior courts' appellate jurisdiction over state FEPA claims does not affect their original jurisdiction over Title VII claims. Collins v. DOT, 208 Ga. App. 53, 429 S.E.2d 707 (1993).
CITED in Bleakley v. Jekyll Island-State Park Auth., 536 F. Supp. 236 (S.D. Ga. 1982); Washington v. Department of Human Resources, 759 F. Supp. 825 (M.D. Ga. 1991).
OPINIONS OF THE ATTORNEY GENERAL
TO BE SUBJECT OF CHARGE UNDER O.C.G.A. ART. 2, CH. 19, T. 45, particular state agency must be charging party's employer. 1980 Op. Att'y Gen. No. 80-72.
Under this article, a charge of discrimination may be brought only against charging party's employer. 1980 Op. Att'y Gen. No. 80-72.
JURISDICTION OVER CHARGES OF UNLAWFUL EMPLOYMENT DISCRIMINATION IN UNIVERSITY SYSTEM. --Georgia Office of Fair Employment Practices and Board of Regents of the University System of Georgia have concurrent jurisdiction over charge of unlawful employment discrimination in the university system. If either renders a final administrative determination, the other agency is barred from reconsidering those issues considered in earlier administrative proceeding provided same parties are involved in both proceedings. 1980 Op. Att'y Gen. No. 80-74.
RESEARCH REFERENCES
Am. Jur. Proof of Facts. --Discrimination Under Age Discrimination in Employment Act, 10 POF2d 1.
Age as Bona Fide Occupational Qualification Under ADEA, 15 POF2d 481.
Proof of Discrimination Under Age Discrimination in Employment Act, 44 POF3d 79.
Contingent Worker's Protection Under Federal Anti-Discrimination Statutes, 57 POF3d 75.
Am. Jur. Trials. --Employment Discrimination Action under Federal Civil Rights Acts, 21 Am. Jur. Trials 1.
Disability Discrimination Based on Dyslexia in Employment Actions Under the Americans with Disabilities Act, 74 Am. Jur. Trials 255.
ALR. --What constitutes unfair labor practice under state public employee relations Acts, 9 ALR4th 20.
Rights of state and municipal public employees in grievance proceedings, 46 ALR4th 912.
Judicial construction and application of state legislation prohibiting religious discrimination in employment, 37 ALR5th 349.
Employee's retention of benefits received in consideration of promise not to enforce claims under Age Discrimination in Employment Act as ratification of otherwise invalid or voidable waiver under § 7(f)(1) of act (29 USCS § 626(f)(1)), 128 ALR Fed. 577.