25 LC 48 1550
House Bill 670
By: Representatives Clark of the 108
th
, Hugley of the 141
st
, Carter of the 93
rd
, Evans of the
57
th
, and Holcomb of the 101
st
A BILL TO BE ENTITLED
AN ACT
To amend Titles 8, 10, 34, 35, 45, and 50 of the Official Code of Georgia Annotated, relating
1
to buildings and housing, commerce and trade, labor and industrial relations, law2
enforcement officers and agencies, public officers and employees, and state government,3
respectively, so as to provide comprehensive state civil rights laws protecting individuals4
from discrimination in housing, public accommodations, and employment on the basis of5
race, color, religion, sex, sexual orientation, age, disability, familial status, or national origin;6
to provide for legislative findings and intent; to extend protections prohibiting discrimination7
in housing; to provide for the right to equal enjoyment of and privileges to public8
accommodations and provide for a civil right of action and remedies; to prohibit9
discrimination in private and public employment and provide for a private right of action and10
remedies; to specifically prohibit racial profiling by law enforcement officers and law11
enforcement agencies; to require certain policies and procedures by law enforcement12
agencies; to provide for data collection; to provide for regulations by the Attorney General;13
to provide for an annual report; to provide for a right of action for enforcement; to revise the14
state waiver of sovereign immunity; to provide for waiver of sovereign immunity under15
certain circumstances; to repeal the use of the term "handicap" and make conforming changes16
with the use of the term "disability"; to provide for definitions; to provide for related matters;17
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to provide for a short title; to provide for an effective date; to repeal conflicting laws; and for
18
other purposes.19
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:20
PART I21
SECTION 1-1.22
This Act shall be known and may be cited as the "Georgia Civil Rights Act of 2025."23
SECTION 1-2.24
(a) The General Assembly finds that:25
(1) Georgia is one of only three states without comprehensive state civil rights laws26
protecting individuals from discrimination in employment, housing, and public27
accommodations;28
(2) The General Assembly has considered legislation in recent years adding specific29
protections against discrimination for people based on religious beliefs, as well as sexual30
orientation, in separate contexts;31
(3) The Georgia Constitution guarantees equal protection under the law for all citizens;32
(4) The Georgia Constitution guarantees the natural and inalienable right to worship God,33
according to the dictates of a person's own conscience; and no human authority should, in34
any case, control or interfere with such right of conscience;35
(5) The Georgia Constitution holds that no one should be molested in person or property36
on account of religious opinions; but the right of freedom of religion shall not be construed37
as to excuse acts of licentiousness or justify practices inconsistent with the peace and safety38
of this state; and39
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(6) It is the duty of the General Assembly to enact such laws as will protect all citizens in
40
the full enjoyment of the rights, privileges, and immunities due to such citizenship.41
(b) It is the intent of the General Assembly:42
(1) To expand and clarify civil rights laws in this state by addressing discrimination in43
employment, housing, and public accommodations; and44
(2) That this Act shall be liberally construed to safeguard against the discrimination45
prohibited herein.46
PART II47
SECTION 2-1.48
Title 8 of the Official Code of Georgia Annotated, relating to buildings and housing, is49
amended by revising Code Section 8-3-200, relating to state policy and purposes and50
construction of article, as follows:51
"8-3-200.52
(a) It is the policy of the State of Georgia to provide, within constitutional limitations, for53
fair housing throughout this state.54
(b) The general purposes of this article are:55
(1) To provide for execution in the
this state of policies embodied in Title VIII of the56
Civil Rights Act of 1968, as amended by the Fair Housing Amendments Act of 1988;57
(2) To safeguard all individuals from discrimination in any aspect relating to the sale,58
rental, or financing of dwellings or in the provision of brokerage services or facilities in59
connection with the sale or rental of a dwelling because of that individual's such60
individuals' race, color, religion, sex, sexual orientation, age, disability or handicap,61
familial status, or national origin;62
(3) To promote the elimination of discrimination in any aspect relating to the sale, rental,63
or financing of dwellings or in the provision of brokerage services or facilities in64
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connection with the sale or rental of a dwelling because of a person's race, color, religion,
65
sex, sexual orientation, age,
disability or handicap, familial status, or national origin; and66
(4) To promote the protection of each individual's interest in personal dignity and67
freedom from humiliation and the individual's freedom to take up residence wherever68
such individual chooses; to secure the state against domestic strife and unrest which69
would menace its democratic institutions; to preserve the public safety, health, and70
general welfare; and to further the interests, rights, and privileges of individuals within71
this state.72
(c) This article shall be broadly construed to further the general purposes stated in this73
Code section and the special purposes of the particular provision involved."74
SECTION 2-2.75
Said title is further amended by revising paragraphs (1) through (5) of subsection (a) of Code76
Section 8-3-202, relating to unlawful practices in selling or renting dwellings and exceptions,77
as follows:78
"(1) To refuse to sell or rent after the making of a bona fide offer, or to refuse to79
negotiate for the sale or rental of, or otherwise make unavailable or deny, a dwelling to80
any person because of race, color, religion, sex, sexual orientation, age, disability,81
familial status, or national origin;82
(2) To discriminate against any person in the terms, conditions, or privileges of sale or83
rental of a dwelling, or in the provision of services or facilities in connection therewith,84
because of race, color, religion, sex, sexual orientation, age, disability, familial status, or85
national origin;86
(3) To make, print, or publish or cause to be made, printed, or published any notice,87
statement, or advertisement, with respect to the sale or rental of a dwelling, that indicates88
any preference, limitation, or discrimination based on race, color, religion, sex, sexual89
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orientation, age, disability, familial status, or national origin, or an intention to make any90
such preference, limitation, or discrimination;91
(4) To represent to any person because of race, color, religion, sex, sexual orientation,92
age, disability, familial status, or national origin that any dwelling is not available for93
inspection, sale, or rental when such dwelling is in fact so available;94
(5) For profit, to induce or attempt to induce any person to sell or rent any dwelling by95
representations regarding the entry or prospective entry into the neighborhood of a person96
or persons of a particular race, color, religion, sex, sexual orientation, age, familial status,97
or national origin or with a disability;"98
SECTION 2-3.99
Said title is further amended by revising Code Section 8-3-203, relating to unlawful denial100
of or discrimination in membership or participation in service or organization relating to101
selling or renting dwellings, as follows:102
"8-3-203.103
It shall be unlawful to deny any person access to or membership or participation in any104
multiple-listing service, real estate brokers' organization, or other service, organization, or105
facility relating to the business of selling or renting dwellings or to discriminate against106
such person in the terms or conditions of such access, membership, or participation on107
account of race, color, religion, sex, disability, familial status, or national origin race, color,108
religion, national origin, sex, sexual orientation, age, disability, familial status, or national109
origin."110
SECTION 2-4.111
Said title is further amended by revising subsections (b) and (c) of Code Section 8-3-204,112
relating to discrimination in residential real estate related transactions and appraisals, as113
follows:114
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"(b) It shall be unlawful for any person or other entity whose business includes engaging
115
in residential real estate related transactions to discriminate against any person in making116
available such a transaction or in the terms or conditions of such a transaction because of117
race, color, religion, sex, sexual orientation, age, disability,
handicap, familial status, or118
national origin.119
(c) Nothing in this article shall be construed to prohibit a person engaged in the business120
of furnishing appraisals of real property from taking into consideration factors other than121
race, color, religion, national origin, sex, handicap, or familial status race, color, religion,122
national origin, sex, sexual orientation, age, disability, familial status, or national origin."123
SECTION 2-5.124
Said title is further amended by revising subsection (a) of Code Section 8-3-205, relating to125
permissible limitations in sale, rental, or occupancy of dwellings by religious organizations126
or private clubs and housing for older persons, as follows:127
"(a) Nothing in this article shall prohibit a religious organization, association, or society,128
or any nonprofit institution or organization operated, supervised, or controlled by or in129
conjunction with a religious organization, association, or society, from limiting the sale,130
rental, or occupancy of dwellings which it owns or operates for other than a commercial131
purpose noncommercial purposes to persons of the same religion or from giving preference132
to such persons unless membership in such religion is restricted on account of race, color,133
sex, sexual orientation, age, disability, handicap, familial status, or national origin. 134
Nothing in this article shall prohibit a private club not in fact open to the public, which as135
an incident to its primary purpose or purposes provides lodgings which it owns or operates136
for other than a commercial purpose noncommercial purposes, from limiting the rental or137
occupancy of such lodgings to its members or from giving preference to its members."138
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PART III
139
SECTION 3-1.140
Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, is141
amended by adding a new chapter to read as follows:142
"CHAPTER 16
143
10-16-1.144
(a) It is the policy of the State of Georgia to provide, within constitutional limitations, for145
equal enjoyment of public accommodations throughout this state.146
(b) The general purpose of this chapter is to provide for execution in this state of the147
policies embodied in 42 U.S.C. Section 2000a, et seq., as of January 1, 2025, and 42 U.S.C.148
Section 1981, as of January 1, 2025.149
(c) This chapter shall be broadly construed to further the general purposes stated in this150
Code section and the special purposes of the particular provision involved.151
10-16-2.152
As used in this chapter, the term 'place of public accommodation' shall have the same153
meaning as the term 'public accommodation' as set forth in the Americans with Disabilities154
Act of 1990, 42 U.S.C. Section 12181, et seq., as of January 1, 2025.155
10-16-3.156
(a) All persons shall be entitled to the full and equal enjoyment of the goods, services,157
facilities, privileges, advantages, and accommodations of any place of public158
accommodation without discrimination or segregation on the basis of race, color, religion,159
sex, sexual orientation, age, disability, familial status, or national origin.160
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(b) It shall be unlawful for any person to:161
(1) Withhold, deny, or attempt to withhold or deny, or deprive or attempt to deprive any162
person of any right or privilege secured by subsection (a) of this Code section;163
(2) Intimidate, threaten, or coerce, or attempt to intimidate, threaten, or coerce any164
person with the purpose of interfering with any right or privilege secured by165
subsection (a) of this Code section; or166
(3) Punish or attempt to punish any person for exercising or attempting to exercise any167
right or privilege secured by subsection (a) of this Code section.168
10-16-4.169
When any person has engaged or there are reasonable grounds to believe that any person170
is about to engage in any act or practice prohibited by subsection (b) of Code171
Section 10-16-3, a civil action for preventive relief, including an application for a172
permanent or temporary injunction, restraining order, or other order, may be instituted by173
the person aggrieved, and the court may grant such relief as it deems appropriate. In any174
action commenced pursuant to this chapter, the court, in its discretion, may allow the175
prevailing party reasonable attorney's fees as part of the costs.176
10-16-5.177
This chapter shall be broadly construed to safeguard against the discrimination prohibited178
by this chapter."179
PART IV180
SECTION 4-1.181
Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations,182
is amended by adding a new Code section to read as follows:183
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"34-1-11.184
(a)(1) It is the policy of the State of Georgia to provide, within constitutional limitations,185
for equal employment opportunities throughout this state.186
(2) The general purpose of this Code section is to provide for execution in this state of187
policies embodied in 42 U.S.C. Section 2000e, et seq., as of January 1, 2025.188
(b) As used in this Code section, the term 'employer' means a person engaged in an189
industry affecting commerce, as defined in 42 U.S.C. Section 2000e, et. seq., as of190
January 1, 2025, that has 15 or more employees for each working day in each of 20 or more191
calendar weeks in the current or preceding calendar year, and any agent of such person. 192
Such term does not include:193
(1) The United States, a corporation wholly owned by the government of the United194
States, or an American Indian tribe;195
(2) A bona fide private membership club, other than a labor organization, as defined196
in 42 U.S.C. Section 2000e, et. seq., as of January 1, 2025, which is exempt from taxation197
under Section 501(c)(3) of the Internal Revenue Code of 1986, as of January 1, 2025; or198
(3) A public employer as defined in Code Section 45-19-22.199
(c) It shall be unlawful for an employer to:200
(1) Fail or refuse to hire or to discharge any individual, or otherwise to discriminate201
against any individual with respect to such individual's compensation, terms, conditions,202
or privileges of employment, because of such individual's race, color, religion, sex, sexual203
orientation, age, disability, familial status, or national origin; or204
(2) Limit, segregate, or classify its employees or applicants for employment in any way205
which would deprive or tend to deprive any individual of employment opportunities or206
otherwise adversely affect such individual's status as an employee, because of such207
individual's race, color, religion, sex, sexual orientation, age, disability, familial status,208
or national origin.209
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(d) An employee in this state shall have a private right of action for a claim against such210
employee's employer on the basis of discrimination for a violation of subsection (c) of this211
Code section.212
(e)(1) If the court finds that a respondent has intentionally engaged in or is intentionally213
engaging in an unlawful employment practice as charged in the complaint, the court may214
enjoin the respondent from engaging in such unlawful employment practice, and order215
such affirmative action as may be appropriate, which may include, but shall not be216
limited to, reinstatement or hiring of employees, with or without back pay, or any other217
equitable relief as the court deems appropriate. Back pay liability shall not accrue from218
a date more than two years prior to the filing of a claim. Interim earnings or amounts219
earnable with reasonable diligence by the person or persons discriminated against shall220
operate to reduce the back pay otherwise allowable.221
(2) No order of the court shall require the hiring, reinstatement, or promotion of an222
individual as an employee, or the payment to such individual of any back pay, if such223
individual was refused admission, employment, or advancement or was suspended,224
expelled, or discharged for any reason other than such individual's race, color, religion,225
sex, sexual orientation, age, disability, familial status, or national origin in violation of226
this Code section.227
(f) This Code section shall be broadly construed to safeguard against the discrimination228
prohibited in this Code section."229
SECTION 4-2.230
Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and231
agencies, is amended by adding a new chapter to read as follows:232
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"CHAPTER 11233
35-11-1.234
This chapter shall be known and may be cited as the 'End Racial Profiling Act.'235
35-11-2.236
As used in this chapter, the term:237
(1) 'Hit rate' means the percentage of stops and searches in which a law enforcement238
officer finds drugs, a firearm, or other contraband that leads to an arrest. Such percentage239
shall be calculated by dividing the total number of searches by the number of searches240
that lead to arrests.241
(2) 'Law enforcement agency' means any agency, organ, or department of this state, or242
a subdivision or municipality thereof, whose primary functions include the enforcement243
of criminal or traffic laws; the preservation of public order; the protection of life and244
property; or the prevention, detection, or investigation of crime, including, but not limited245
to, any department or unit organized by a college or university for purposes of Chapter 8246
of Title 20.247
(3) 'Law enforcement officer' means any agent or officer of this state, a political248
subdivision or municipality of this state, an authority of this state, or a college or249
university who, as a full-time or part-time employee, is vested either expressly by law or250
by virtue of public employment or service with authority to enforce the criminal or traffic251
laws through the power of arrest and whose duties include the preservation of public252
order, the protection of life and property, or the prevention, detection, or investigation of253
crime.254
(4) 'Racial profiling' means the practice of a law enforcement agency or law enforcement255
officer relying, to any degree, on actual or perceived race, color, religion, sex, sexual256
orientation, age, disability, familial status, or national origin in selecting which individual257
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to subject to routine or spontaneous investigatory activities or in deciding upon the scope258
and substance of law enforcement activity following the initial investigatory procedure.259
(5) 'Routine or spontaneous investigatory activities' means the following activities by a260
law enforcement officer:261
(A) Interviews;262
(B) Traffic stops;263
(C) Pedestrian stops;264
(D) Frisks and other types of body searches;265
(E) Consensual or nonconsensual searches of the persons, property, vehicles, or266
possessions of individuals, including, but not limited to, motorists and pedestrians,267
using any form of public or private transportation; or268
(F) Data collection and analysis, assessments, and predicated investigations.269
35-11-3.270
No law enforcement officer or law enforcement agency shall engage in racial profiling.271
35-11-4.272
(a) All law enforcement agencies shall:273
(1) Maintain adequate policies and procedures designed to eliminate racial profiling; and274
(2) Cease any existing practices that permit racial profiling.275
(b) The policies and procedures provided for under paragraph (1) of subsection (a) of this276
Code section shall include:277
(1) A prohibition on racial profiling;278
(2) Training on racial profiling issues;279
(3) The collection of data in accordance with regulations issued by the Attorney General;280
and281
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(4) Procedures for receiving, investigating, and responding meaningfully to complaints282
alleging racial profiling by law enforcement officers.283
(c) Beginning on July 1, 2025, and on July 1 of each year thereafter, the Attorney General284
shall issue a public report based upon the data collected by the Attorney General pursuant285
to this Code section for the prior calendar year. Such report shall detail for each law286
enforcement agency the number of routine or spontaneous investigatory activities and the287
hit rates. Such report shall disaggregate such data by race, ethnicity, and national origin.288
35-11-5.289
(a) The Attorney General or any individual injured by racial profiling may enforce this290
chapter in a civil action for declaratory or injunctive relief filed in the superior court.291
(b) In any action brought under this Code section, relief may be obtained against any:292
(1) Agency, organ, or department of this state, or a subdivision or municipality thereof,293
or a college or university that employed any law enforcement officer who engaged in294
racial profiling;295
(2) Law enforcement officer who engaged in racial profiling; or296
(3) Any individual with supervisory authority over such law enforcement officer.297
(c) Proof that the routine or spontaneous investigatory activities of law enforcement298
officers in a jurisdiction have had a disparate impact on individuals because of such299
individual's actual or perceived race, color, religion, sex, sexual orientation, age, disability,300
familial status, or national origin shall constitute prima-facie evidence of a violation of this301
chapter.302
(d) In any action or proceeding to enforce this chapter against any agency, organ, or303
department of this state, or a subdivision or municipality thereof, or a college or university,304
the court may allow a prevailing plaintiff, other than the Attorney General, reasonable305
attorney's fees as part of the costs and may include expert's fees as part of the attorney's306
fees."307
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SECTION 4-3.
308
Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees,309
is amended by revising Code Section 45-19-21, relating to the purposes and construction of310
the "Fair Employment Practices Act of 1978," as follows:311
"45-19-21.312
(a) The general purposes of this article are:313
(1) To provide for execution within public employment in the
this state of the policies314
embodied in Title VII of the federal Civil Rights Act of 1964 (78 Stat. 241), as amended315
by the Equal Employment Opportunity Act of 1972 (86 Stat. 103), as from time to time316
amended, the federal Age Discrimination in Employment Act of 1967 (81 Stat. 602), as317
from time to time amended, and the federal Rehabilitation Act of 1973 (87 Stat. 355), as318
from time to time amended;319
(2) To safeguard all individuals in public employment from discrimination in320
employment; and321
(3) To promote the elimination of discrimination against all individuals in public322
employment because of such individuals' race, color, religion, national origin, sex,323
disability, or age race, color, religion, sex, sexual orientation, age, disability, familial324
status, or national origin, thereby to promote the protection of their interest in personal325
dignity and freedom from humiliation; to make available to the this state their full326
productive capacities; to secure the this state against domestic strife and unrest which327
would menace its democratic institutions; to preserve the public safety, health, and328
general welfare; and to further the interests, rights, and privileges of individuals within329
the this state.330
(b) This article shall be broadly construed to further the general purposes stated in this331
Code section and the special purposes of the particular provision involved.332
(c) Nothing in this article shall be construed as indicating an intent to exclude local or333
federal laws on the same subject matter, which laws are not inconsistent with this article.334
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(d) Nothing contained in this article shall be deemed to repeal any other nonconflicting law
335
of this state relating to discrimination because of race, color, religion, national origin, sex,
336
disability, or age race, color, religion, sex, sexual orientation, age, disability, familial status,337
or national origin."338
SECTION 4-4.339
Said title is further amended by revising paragraph (4) of Code Section 45-19-22, relating340
to definitions relative to the "Fair Employment Practices Act of 1978," as follows:341
"(4) 'Discrimination' means any direct or indirect act or practice of exclusion, distinction,342
restriction, segregation, limitation, refusal, denial, or any other act or practice of343
differentiation or preference in the treatment of a person or persons because of race,344
color, religion, national origin, sex, disability, handicap, or age race, color, religion, sex,345
sexual orientation, age, disability, familial status, or national origin, or the aiding,346
abetting, inciting, coercing, or compelling of such an act or practice. Such term shall not347
include any direct or indirect act or practice of exclusion, distinction, restriction,348
segregation, limitation, refusal, denial, or any other act or practice of differentiation or349
preference in the treatment of a person or persons because of religion if an employer350
demonstrates that the employer is unable to accommodate reasonably an employee's or351
prospective employee's religious observance or practice without undue hardship on the352
conduct of the employer's operation."353
SECTION 4-5.354
Said title is further amended by revising paragraphs (8) and (14) of Code Section 45-19-27,355
relating to additional powers and duties of the administrator of the Commission on Equal356
Opportunity, as follows:357
"(8) To receive, initiate, investigate, seek to conciliate, and make determinations358
regarding complaints alleging violations of this article and to approve or disapprove plans359
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required by the Governor to eliminate or reduce imbalance in employment with respect
360
to race, color, disability, religion, sex, national origin, or age
race, color, religion, sex,361
sexual orientation, age, disability, familial status, or national origin;"362
"(14) To adopt, promulgate, amend, and rescind, subject to approval of the board and the363
Governor and after giving proper notice and hearing to all public employers pursuant to364
Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' such rules and365
regulations as may be necessary to carry out the provisions of this article, including366
regulations requiring the posting or inclusion in advertising material of notices prepared367
or approved by the administrator and regulations regarding the filing, approval, or368
disapproval of plans to eliminate or reduce imbalance in employment with respect to race,369
color, disability, religion, sex, national origin, or age race, color, religion, sex, sexual370
orientation, age, disability, familial status, or national origin;"371
SECTION 4-6.372
Said title is further amended by revising Code Section 45-19-29, relating to unlawful373
practices generally relative to fair employment practices, as follows:374
"45-19-29.375
It is an unlawful practice for an employer:376
(1) To fail or refuse to hire, to discharge, or otherwise to discriminate against any377
individual with respect to the individual's compensation, terms, conditions, or privileges378
of employment because of such individual's race, color, religion, national origin, sex,379
disability, or age race, color, religion, sex, sexual orientation, age, disability, familial380
status, or national origin;381
(2) To limit, segregate, or classify his such employer's employees in any way which382
would deprive or tend to deprive an individual of employment opportunities or otherwise383
adversely affect an individual's status as an employee because of such individual's race,384
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color, religion, national origin, sex, sexual orientation, age, disability, familial status, or385
national origin disability, or age; or386
(3) To hire, promote, advance, segregate, or affirmatively hire an individual solely387
because of race, color, religion, national origin, sex, sexual orientation, age, disability,388
familial status, or national origin disability, or age, but this paragraph shall not prohibit389
an employer from voluntarily adopting and carrying out a plan to fill vacancies or hire390
new employees in a manner to eliminate or reduce imbalance in employment with respect391
to race, color, disability, religion, sex, national origin, or age race, color, religion, sex,392
sexual orientation, age, disability, familial status, or national origin if the plan has first393
been filed with the administrator for review and comment for a period of not less than 30394
days."395
SECTION 4-7.396
Said title is further amended by revising Code Section 45-19-30, relating to unlawful397
practices in training or apprenticeship programs, as follows:398
"45-19-30.399
It is an unlawful practice for an employer controlling apprenticeship or other training or400
retraining, including on-the-job training programs, to discriminate against an individual401
because of such individual's race, color, religion, national origin, sex, sexual orientation,402
age, disability, familial status, or national origin disability, or age in admission to or403
employment in any program established to provide apprenticeship or other training or to404
discriminate by allowing admission or promotion to an apprenticeship or training program405
solely because of race, color, religion, national origin, sex, disability, or age race, color,406
religion, sex, sexual orientation, age, disability, familial status, or national origin."407
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SECTION 4-8.
408
Said title is further amended by revising Code Section 45-19-31, relating to unlawful409
practices in advertisement of employment, as follows:410
"45-19-31.411
It is an unlawful practice for an employer to print or publish or cause to be printed or412
published a notice or advertisement relating to employment by such an employer indicating413
any preference, limitation, specification, or discrimination based on race, color, religion,414
national origin,
sex, sexual orientation, age, disability, familial status, or national origin415
disability, or age, except that such a notice or advertisement may indicate a preference,416
limitation, or specification based on race, color, religion, national origin, sex, sexual417
orientation, age, disability, or national origin disability, or age when religion, national418
origin, sex, sexual orientation, age, disability, or national origin disability, or age is a bona419
fide occupational qualification for employment."420
SECTION 4-9.421
Said title is further amended by revising Code Section 45-19-33, relating to different422
standards of compensation or different terms and conditions of employment where not based423
on race, color, religion, sex, national origin, disability, or age, as follows:424
"45-19-33.425
It is not an unlawful practice for an employer to apply different standards of compensation426
or different terms, conditions, or privileges of employment pursuant to a bona fide seniority427
or merit system, or a system which measures earnings by quantity or quality of production,428
or to employees who work in different locations, provided that such differences are not the429
result of an intention to discriminate because of race, color, religion, national origin, sex,430
disability, or age race, color, religion, sex, sexual orientation, age, disability, familial status,431
or national origin; nor is it an unlawful practice for an employer to give and to act upon the432
results of any professionally developed ability test, provided that such test, its433
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administration, or action upon the results thereof is not designed, intended, or used to
434
discriminate because of race, color, religion, national origin, sex, disability, or age
race,435
color, religion, sex, sexual orientation, age, disability, familial status, or national origin."436
SECTION 4-10.437
Said title is further amended by revising subsections (b) and (c) of Code Section 45-19-35,438
relating to use of quotas because of imbalances in employee ratios prohibited, grants of439
preferential treatment to certain individuals or groups not required by the "Fair Employment440
Practices Act of 1978," adoption of plans required by Governor to reduce imbalance, and441
effect of the "Fair Employment Practices Act of 1978" upon certain employment practices,442
as follows:443
"(b) Nothing contained in this article requires an employer to grant preferential treatment444
to an individual or to a group because of the race, color, religion, national origin, sex,445
sexual orientation, age, disability, familial status, or national origin, disability, or age of the446
individual or group on account of an imbalance which may exist with respect to the total447
number or percentage of persons of any race, color, religion, national origin, sex, sexual448
orientation, age, disability, familial status, or national origin disability, or age in the in this449
state or a community, section, or other area or in the available work force workforce in the450
this state or a community, section, or other area.451
(c) It is specifically provided that neither subsection (a) nor (b) of this Code section nor452
any other provision of this article shall prohibit an employer from adopting or carrying out453
a plan to fill vacancies or hire new employees in a manner to eliminate or reduce imbalance454
in employment with respect to race, color, disability, religion, sex, national origin, sexual455
orientation, age, disability, familial status, or national origin or age if such plan is required456
by the Governor and filed with and approved by the administrator prior to its final adoption457
and implementation."458
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SECTION 4-11.
459
Said title is further amended by revising paragraph (7) of subsection (c) of Code460
Section 45-19-38, relating to findings, conclusions, and order of hearing officer generally and461
order to cease and desist from unlawful practice and to take remedial action, as follows:462
"(7) Recommending to the Governor that the respondent be required to adopt and file463
with the administrator, within a specified time limitation, for the administrator's approval464
a plan to fill vacancies or hire new employees in a manner to eliminate or reduce465
imbalance in employment with respect to race, color, disability,
religion, sex, national466
origin, sexual orientation, age, disability, familial status, or national origin or age."467
SECTION 4-12.468
Said title is further amended by revising paragraph (1) of subsection (b) of Code469
Section 45-20-1, relating to purposes and principles relative to personnel administration of470
public officers and employees, as follows:471
"(1) Assuring fair treatment of applicants and employees in all aspects of personnel472
administration without regard to race, color, national origin, sex, age, disability, religious473
creed, race, color, religion, sex, sexual orientation, age, disability, familial status, or474
national origin, or political affiliations. This 'fair treatment' principle includes compliance475
with all state and federal equal employment opportunity and nondiscrimination laws;"476
SECTION 4-13.477
Said title is further amended by revising paragraph (2) of Code Section 45-20-4, relating to478
duties and responsibilities of commissioner relative to personnel administration, as follows:479
"(2) To submit to the Governor the rules and regulations adopted by the board. Such480
rules and regulations when approved by the Governor shall have the force and effect of481
law and shall be binding upon the state departments covered by this article and shall482
include provisions for the establishment and maintenance of classification and483
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compensation plans, the conduct of examinations, appointments, promotions, transfers,
484
demotions, appeals of classified employees, reports of performance, payroll certification,485
and other phases of personnel administration. Such rules and regulations shall define and486
prohibit improper political activity by any departmental employee of the State Personnel487
Board or any employee covered under the terms of this article and shall provide that there488
shall be no discrimination for or against any person or employee in any manner, to489
include, but not be limited to, hiring, discharge, compensation, benefits, terms or490
conditions of employment, promotion, job classification, transfer, privileges, or demotion491
because of political affiliation, religious affiliation, race, color,
creed, national origin, sex,492
sexual orientation, disability, familial status, or age between 40 and 70 years, or physical493
disability. Such rules and regulations shall conform to the minimum standards for merit494
systems of personnel administration as specified by those federal departments from which495
federal funds are obtained for use by the several state departments covered by this article. 496
Compensation plans and modifications thereto promulgated under the rules and497
regulations of the commissioner shall become effective as adopted upon approval of by498
the director of the Office of Planning and Budget;"499
SECTION 4-14.500
Said title is further amended by revising subparagraph (C) of paragraph (3) of Code501
Section 45-20-51, relating to definitions relative to voluntary deductions from wages or502
salaries of state employees for benefit of charitable organizations, as follows:503
"(C) Observes a policy and practice of nondiscrimination on the basis of race, color,504
religion, sex, national origin, or disability, sexual orientation, age, disability, familial505
status, or national origin, and such policy is applicable to persons served by the agency,506
to agency staff employment, and to membership on the agency's governing board; and"507
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SECTION 4-15.
508
Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended509
in Article 2 of Chapter 21, relating to state tort reforms, by adding a new Code section to read510
as follows:511
"50-21-38.
512
The defense of sovereign immunity is waived as to any claim, counterclaim, cross-claim,513
or third-party claim brought in the courts of this state by an aggrieved person seeking a514
declaratory judgment, injunctive relief, or reasonable attorney's fees against the state or any515
political subdivision thereof under Chapter 11 of Title 35; provided, however, that516
sovereign immunity shall not be waived as to any claim for monetary damages that are517
included in or related to such claim, counterclaim, cross-claim, or third-party claim. This518
Code section shall not be construed to alter or amend any other waiver of sovereign519
immunity provided by law."520
PART V521
SECTION 5-1.522
This Act shall become effective on January 1, 2026.523
SECTION 5-2.524
All laws and parts of laws in conflict with this Act are repealed.525
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