Title 45

(a)(1) There is created an Employee Benefit Plan Council consisting of the following ten members appointed by the Governor: (A) The five members of the State Personnel Board who shall serve for terms of office which correspond with their terms of office on the State Personnel Boa…

(a) The council is authorized to establish a flexible employee benefit plan for employees of the state and public schoolteachers and public school employees and to promulgate rules and regulations for its administration, subject to the limitations contained in this article and in…

(a) In order to carry out the provisions of the flexible employee benefit plan, the head of each department, agency, authority, county department of health, the Federal-State Shipping Point Inspection Service, the Georgia Firefighters’ Pension Fund, or local school system is auth…

(a) The head of each department, agency, authority, or county department of health shall have the option to determine whether or not the employees within his respective agency shall continue any optional program that is in operation on January 1, 1986. New optional employee benef…

The commissioner of administrative services shall be the executive officer for the administration of this article and the custodian of such fund or funds as may be required in the implementation of this article. The commissioner of administrative services shall employ such person…

The commissioner is authorized to execute a contract or contracts to provide the benefits as approved in the plan or plans in accordance with this article. Such contract or contracts may be executed with one or more corporations licensed to transact business in this state, or the…

The various departments, boards, and agencies of the state government may contribute such portions of the cost of such benefits and the administration thereof as may be established by the general appropriations Act. (Code 1981, § 45-18-57, enacted by Ga. L. 1985, p. 441, § 1.)

The various departments, boards, agencies, and their employees shall not incur any liability for errors or omissions made in the performance of the agreement between the departments, boards, and agencies and the employee. (Code 1981, § 45-18-58, enacted by Ga. L. 1985, p. 441, § …

Notwithstanding any other provisions of law, the commissioner of administrative services in conjunction with the Georgia Building Authority is authorized by contract or otherwise to establish, equip, and operate a child care learning center as a capitol hill pilot program for the…

The State Personnel Board shall promulgate such rules and regulations as may be required for the effective administration of this article. (Code 1981, § 45-18-71, enacted by Ga. L. 1986, p. 1489, § 1.)

The commissioner of administrative services shall present recommendations no later than December 1, 1986, for funding any start-up costs of the pilot project. (Code 1981, § 45-18-72, enacted by Ga. L. 1986, p. 1489, § 1; Ga. L. 2012, p. 446, § 2-80/HB 642.)

Any other provision of this chapter to the contrary notwithstanding, those state employees with at least 34 years of creditable service who retired from state government prior to July 1, 1962, who are entitled to full medical and dental services from a state hospital, as establis…

It is the intent of this article to provide that any such state employees currently hospitalized at any state hospital shall be relieved of personal liability for any existing cost of care charges, provided employees or those responsible for employees cooperate and ensure that to…

Control of fund by commissioner; obligations to be paid from fund; investment powers; prohibition against personal interest. Minimum annual required contributions; employer responsibilities. Article 2 PART 2 STATE EMPLOYEES POST-EMPLOYMENT HEALTH BENEFIT FUND 45-18-35. 45-18-36. …

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, …

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.)

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…

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 …

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 …

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.)

(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)…

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…

(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…

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…

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.)

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

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…

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.)

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…

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…

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…

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.)

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 …

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…

(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 …

(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 …

(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…

(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…

(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…

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…

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…

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.)

(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…

(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 …

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…

(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…