25 LC 55 0362
House Bill 311
By: Representatives Schofield of the 63
rd
, McClain of the 109
th
, Scott of the 76
th
, and Davis
of the 87
th
A BILL TO BE ENTITLED
AN ACT
To amend Code Section 34-1-2 of the Official Code of Georgia Annotated, relating to
1
prohibition of age discrimination in employment, so as to change the age of individuals2
protected by such prohibition; to provide for a short title; to provide for related matters; to3
provide for an effective date; to repeal conflicting laws; and for other purposes.4
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:5
SECTION 1.6
This Act shall be known and may be cited as the "Advancing Fair Employment for All Ages7
Act."8
SECTION 2.9
Code Section 34-1-2 of the Official Code of Georgia Annotated, relating to prohibition of10
age discrimination in employment, is amended by revising subsection (a) as follows:11
"(a) No person, firm, association, or corporation carrying on or conducting within this state12
any business requiring the employment of labor shall refuse to hire, employ, or license nor13
shall such person, firm, association, or corporation bar or discharge from employment any14
individual between the ages of 40 and 70 years
40 years of age or older, solely upon the15
H. B. 311
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ground basis of age, when the reasonable demands of the position do not require such an16
age distinction, provided that such individual is qualified physically, mentally, and by17
training and experience to perform satisfactorily the labor assigned to him or her or for18
which he or she applies. Nothing in this Code section shall affect the retirement policy or19
system of any employer where such policy or system is not merely a subterfuge to evade20
the purposes of this Code section. When the retirement or insurance benefit program of21
any employer shall lawfully prohibit the employment of any person because of excessive22
age, such person shall have the authority, as a condition of employment, to waive the right23
to participate in any such program and receive any benefits therefrom. Nothing in this24
Code section shall be construed to prohibit compulsory retirement of any employee who25
has attained 65 years of age but not 70 years of age and who, for the two-year period26
immediately before retirement, is employed in a bona fide executive or a high27
policy-making position, if such employee is entitled to an immediate nonforfeitable annual28
retirement benefit from a pension, profit-sharing, savings, or deferred compensation plan,29
or any combination of such plans, of the employer of such employee, which equals, in the30
aggregate, at least $27,000.00."31
SECTION 3.32
This Act shall become effective upon its approval by the Governor or upon its becoming law33
without such approval.34
SECTION 4.35
All laws and parts of laws in conflict with this Act are repealed.36
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