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Georgia Statutes, Title 45

Georgia/Statutes

← All Georgia coverage

Title 45

25 chapters · 673 sections in this title.

All chapters in Title 45673 Ch 12, GOVERNOR98 Ch 18, EMPLOYEES’ INSURANCE AND BENEFITS PLANS57 Ch 16, CORONERS54 Ch 9, INSURING AND INDEMNIFICATION OF PUBL…50 Ch 7, SALARIES AND FEES45 Ch 8, ACCOUNTING FOR PUBLIC FUNDS34 Ch 20, PERSONNEL ADMINISTRATION34 Ch 19, LABOR PRACTICES32 Ch 17, NOTARIES PUBLIC31 Ch 4, OFFICIAL BONDS30 Ch 13, SECRETARY OF STATE29 Ch 15, ATTORNEY GENERAL29 Ch 10, CODES OF ETHICS AND CONFLICTS OF INT…25 Ch 3, OFFICIAL OATHS AND COMMISSIONS19

32 sections·Filtered byTitle 45✕Ch 19✕

O.C.G.A. § 45-19-1 Definitions; right to express complaints or opinions not impaired
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As used in this article, the term: (1) ‘‘Public employee’’ means any person holding a position by appointment or employment in the government of this state or any person holding a position which provides essential public services without which the public health, safety, welfare, …
O.C.G.A. § 45-19-2 Public employees not to promote, participate in, or encourage strikes
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No public employee shall promote, encourage, or participate in any strike; provided, however, that no right to collective bargaining currently recognized by law is abridged by this article. (Ga. L. 1962, p. 459, § 1; Ga. L. 1998, p. 1155, § 1; Ga. L. 1999, p. 81, § 45.)
O.C.G.A. § 45-19-3 Supervising personnel not to authorize, approve, or consent to strikes
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No person exercising any authority, supervision, or direction over any public employee shall have the power to authorize, approve, or consent to a strike by one or more public employees; and such person shall not authorize, approve, or consent to such a strike. (Ga. L. 1962, p. 4…
O.C.G.A. § 45-19-4 Termination of employment, forfeiture of civil service status, job rights, seniority, and emoluments upon violation of Code Section 45-19-2; eligibility of employee for reappointment

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Any public employee who violates Code Section 45-19-2 shall be deemed to have terminated his or her employment; shall forfeit his or her civil service status, job rights, seniority, and emoluments, if any; and subsequent to such violation shall not be eligible for appointment or …

O.C.G.A. § 45-19-5 Action by person not a public employee to encourage strike

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Any person who is not a public employee and who shall knowingly incite, agitate, influence, coerce, persuade, or picket to urge a public employee to strike shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by imprisonment not to exceed one year, or …

O.C.G.A. § 45-19-20 Short title

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This article shall be known and may be cited as the ‘‘Fair Employment Practices Act of 1978.’’ (Ga. L. 1978, p. 859, § 25; Ga. L. 1983, p. 1097, § 1.)

O.C.G.A. § 45-19-21 Purposes and construction of article

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(a) The general purposes of this article are: (1) To provide for execution within public employment in the state of the policies embodied in Title VII of the federal Civil Rights Act of 1964 (78 Stat. 241), as amended by the Equal Employment Opportunity Act of 1972 (86 Stat. 103)…

O.C.G.A. § 45-19-22 Definitions

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As used in this article, the term: (1) ‘‘Administrator’’ means the administrator of the Commission on Equal Opportunity provided for by Code Section 45-19-24, which agency is composed of an Equal Employment Division and a Fair Housing Division. (2) ‘‘Board’’ means the Board of Co…

O.C.G.A. § 45-19-23 Creation of Board of Commissioners of the Commission on Equal Opportunity; members; terms; officers; meetings; compensation of members; powers and duties of board; annual report to Governor and Genera

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(a) A Board of Commissioners of the Commission on Equal Opportunity is created. The board shall consist of nine persons. Subject to confirmation by the Senate, the members of the board shall be appointed by the Governor for three-year terms, except as otherwise provided in this s…

O.C.G.A. § 45-19-24 Commission on Equal Opportunity created; administrator; assignment of commission to Governor for administrative purposes

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There is created the Commission on Equal Opportunity. The Governor shall appoint an administrator of the Commission on Equal Opportunity who shall serve at the pleasure of the Governor. The Commission on Equal Opportunity shall be attached to the office of the Governor for admini…

O.C.G.A. § 45-19-25 Function of administrator

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The function of the administrator shall be to encourage fair treatment for public employees and to discourage unlawful discrimination in public employment. (Ga. L. 1978, p. 859, § 11; Ga. L. 1983, p. 1097, § 1.)

O.C.G.A. § 45-19-26 Role of Attorney General

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The Attorney General shall be the legal adviser for the administrator. (Ga. L. 1978, p. 859, § 12; Ga. L. 1983, p. 1097, § 1.)

O.C.G.A. § 45-19-27 Additional powers and duties of administrator

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In the enforcement of this article the administrator shall have the following powers and duties: (1) To maintain an office in the City of Atlanta and such other offices within the state as the administrator may deem necessary; (2) To meet and exercise the administrator’s powers a…

O.C.G.A. § 45-19-28 Limitation on provisions of article relating to age discrimination

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The provisions of this article relating to discrimination in employment on the basis of age shall apply only to individuals who are at least 40 years of age but less than 70 years of age. (Ga. L. 1983, p. 1097, § 1.)

O.C.G.A. § 45-19-29 Unlawful practices generally

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It is an unlawful practice for an employer: (1) To fail or refuse to hire, to discharge, or otherwise to discriminate against any individual with respect to the individual’s compensation, terms, conditions, or privileges of employment because of such individual’s race, color, rel…

O.C.G.A. § 45-19-30 Unlawful practices in training or apprenticeship programs

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It is an unlawful practice for an employer controlling apprenticeship or other training or retraining including on-the-job training programs to discriminate against an individual because of such individual’s race, color, religion, national origin, sex, disability, or age in admis…

O.C.G.A. § 45-19-31 Unlawful practices in advertisement of employment

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It is an unlawful practice for an employer to print or publish or cause to be printed or published a notice or advertisement relating to employment by such an employer indicating any preference, limitation, specification, or discrimination based on race, color, religion, national…

O.C.G.A. § 45-19-32 Unlawful practice for party to violate conciliation agreement

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It is an unlawful practice for a party to a conciliation agreement made pursuant to subsection (e) of Code Section 45-19-36 to violate the terms of the agreement. (Ga. L. 1978, p. 859, § 21; Ga. L. 1983, p. 1097, § 1; Ga. L. 1986, p. 10, § 45.)

O.C.G.A. § 45-19-33 Different standards of compensation or different terms and conditions of employment when not based on race, color, religion, sex, national origin, disability, or age

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It is not an unlawful practice for an employer to apply different standards of compensation or different terms, conditions, or privileges of employment pursuant to a bona fide seniority or merit system, or a system which measures earnings by quantity or quality of production, or …

O.C.G.A. § 45-19-34 Hiring, employing, or selecting for training programs when religion or national origin a bona fide occupational qualification

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It is not an unlawful practice for an employer to hire and employ employees or to select an individual in any training program on the basis of religion or national origin in those certain instances where religion or national origin is a bona fide occupational qualification reason…

O.C.G.A. § 45-19-35 Use of quotas because of imbalances in employee ratios prohibited; grants of preferential treatment to certain individuals or groups not required by article; adoption of plans required by Governor to

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(a) Quotas because of imbalances in employee ratios shall not be permitted. (b) Nothing contained in this article requires an employer to grant preferential treatment to an individual or to a group because of the race, color, religion, national origin, sex, disability, or age of …

O.C.G.A. § 45-19-36 Filing complaints of unlawful practice; action by administrator

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(a) As used in this Code section, the term ‘‘respondent’’ means an employer charged with an alleged unlawful practice. (b) An individual claiming to be aggrieved by an unlawful practice or another person on behalf of an individual claiming to be aggrieved by an unlawful practice …

O.C.G.A. § 45-19-37 Appointment of special master to conduct hearing on complaint; procedure

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(a) Unless the administrator has issued an order dismissing the complaint or stating the terms of a conciliation agreement within 90 days after a complaint is filed, the administrator shall request that the Governor appoint, from the list provided for by subsection (e) of Code Se…

O.C.G.A. § 45-19-38 Findings, conclusions, and order of special master generally; order to cease and desist from unlawful practice and to take remedial action

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(a) If the special master determines that the respondent has not engaged in an unlawful practice, the special master shall state the special master’s findings of fact and conclusions of law and shall issue a final order, within 30 days after the hearing unless, for good cause sho…

O.C.G.A. § 45-19-39 Appeal to superior court of final order of special master or complaint dismissed by administrator

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(a) Any party to a hearing before a special master or a complainant whose complaint has been dismissed by the administrator may appeal any adverse final order of a special master by filing a petition for review in the superior court in the county in which the alleged unlawful pra…

O.C.G.A. § 45-19-40 Entry of court judgment based upon final order of administrator or special master; notification of parties; effect of judgment

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Any person affected by a final order of the administrator or a special master may file in the superior court of the county of the residence of the respondent a certified copy of a final order of the administrator or of a special master unappealed from or of a final order of a spe…

O.C.G.A. § 45-19-41 Administrator to have exclusive jurisdiction over claims under article; final determination of claim bars further state actions

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The administrator shall have exclusive jurisdiction over any claim of any unlawful practice under this article. A final determination of a claim alleging an unlawful practice under this article shall exclude any other action or proceeding brought by the same person based on the s…

O.C.G.A. § 45-19-42 Procurement of violation of article by person not subject thereto not a defense

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It shall not be a defense to a violation of this article by any person subject to this article that the violation was requested, sought, or otherwise procured by a person not subject to this article. (Ga. L. 1978, p. 859, § 22; Ga. L. 1983, p. 1097, § 1.)

O.C.G.A. § 45-19-43 Access of administrator or designee to premises, records, and documents; persons required to make and keep employment records; application for relief from order due to hardship; unlawful to make infor

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(a) In connection with an investigation of a complaint of an unlawful practice filed under this article, the administrator or the administrator’s designee shall have access at any reasonable time to premises, records, and documents relevant to the complaint and shall have the rig…

O.C.G.A. § 45-19-44 Unlawful practices punishable by civil fine

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(a) It shall be an unlawful practice for a person willfully to: (1) Make public with respect to a particular employer or person without the employer’s or person’s consent information obtained by the administrator or the administrator’s employees pursuant to their authority under …

O.C.G.A. § 45-19-45 Unlawful conspiracies

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It shall be an unlawful practice for a person or for two or more persons to conspire: (1) To retaliate or discriminate in any manner against a person because the person has opposed a practice declared unlawful by this article or because the person has made a charge, filed a compl…

O.C.G.A. § 45-19-46 Overtime compensation

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(a) As used in this Code section, the term: (1) ‘‘Overtime hours’’ means hours worked by a public employee for which payment of time and one-half overtime compensation or time and one-half compensatory time is required pursuant to the Fair Labor Standards Act, 29 U.S.C.A. 207, et…