Georgia 2025-2026 Regular Session

Georgia House Bill HB914 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	25 LC 52 0842
2	2	House Bill 914
3	3	By: Representatives Lupton of the 83
4	4	rd
5	5	, Campbell of the 35
6	6	th
7	7	, Cummings of the 39
8	8	th
9	9	, and Lim
10	10	of the 98
11	11	th
12	12
13	13	A BILL TO BE ENTITLED
14	14	AN ACT
15	15	To amend Chapter 5 of Title 34 of the Official Code of Georgia Annotated, relating to sex
16	16	1
17	17	discrimination in employment, so as to authorize the Commissioner of Labor to ensure that2
18	18	certain employees receive comparable pay for comparable work in jobs which require3
19	19	comparable skill, effort, and responsibility; to provide for powers and duties of the4
20	20	Commissioner; to provide for consent orders, administrative orders, hearings, penalties, and5
21	21	judicial review; to provide for related matters; to repeal conflicting laws; and for other6
22	22	purposes.7
23	23	BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:8
24	24	SECTION 1.9
25	25	Chapter 5 of Title 34 of the Official Code of Georgia Annotated, relating to sex10
26	26	discrimination in employment, is amended by revising Code Section 34-5-4, relating to11
27	27	powers and authority of Commissioner under chapter, as follows:12
28	28	"34-5-4.13
29	29	(a) The Commissioner shall have the power and it shall be his or her
30	30	duty to carry out the14
31	31	provisions of this chapter; and for this purpose the Commissioner or his or her authorized15
32	32	representative shall have the power to:16
33	33	H. B. 914
34	34	- 1 - 25 LC 52 0842
35	35	(1) Assist any employer to ensure Ensure that all employees are receiving comparable17
36	36	pay for comparable work in jobs which require comparable skill, effort, and18
37	37	responsibility;19
38	38	(2) Assist any employer so that Review the character of the work and operations on20
39	39	which persons are employed can be compared of any employer, to question such persons21
40	40	any employer or employee, and to obtain such other information as is reasonably22
41	41	necessary for the administration and enforcement of this chapter; and23
42	42	(3) Eliminate pay practices unlawful under this chapter by informal methods of24
43	43	conference, conciliation, and persuasion, provided that the remedy obtained through such25
44	44	methods may be set out in a written consent order and signed by both the Commissioner26
45	45	and the violator or violators; provided, however, that, in case such methods fail to correct27
46	46	or remedy such practices, the Commissioner may issue an administrative order as28
47	47	provided in subsection (d) of this Code section.29
48	48	(b) The Commissioner is authorized to request witnesses to appear and to produce30
49	49	pertinent records for examination by the Commissioner or his or her authorized31
50	50	representative in the county of the place of business of the employer and such witnesses32
51	51	shall be paid the same fees as are allowed witnesses attending the superior courts of this33
52	52	state. In the event of failure of a person to attend, testify, or produce records voluntarily,34
53	53	the Commissioner may make application to the superior court of the county in which the35
54	54	business is located and, after notice and hearing, the court, in its discretion, and upon36
55	55	proper cause shown, may issue an order requiring the person to appear before the37
56	56	Commissioner or his or her authorized representative and testify or produce records as38
57	57	requested by the Commissioner.39
58	58	(c) The Commissioner shall have the authority to issue such rules and regulations40
59	59	appropriate to the carrying out of this chapter.41
60	60	(d) The Commissioner shall have the authority to issue an administrative order directing42
61	61	a violator or violators to comply with the provisions of this chapter. Such order shall43
62	62	H. B. 914
63	63	- 2 - 25 LC 52 0842
64	64	specify the provision or provisions of this chapter or rule or regulation alleged to have been44
65	65	violated and shall order that necessary corrective action be taken within a reasonable time45
66	66	to be prescribed in such order. Such order shall become final unless the person or persons46
67	67	named therein request in writing a hearing no later than 30 days after such order is served47
68	68	on such person or persons. After such hearing, the Commissioner may issue a final order48
69	69	imposing a penalty not to exceed $1,000.00 for each violation whenever the Commissioner49
70	70	determines that any person has violated any provision of this chapter, any rule or regulation50
71	71	promulgated under this chapter, or any order issued pursuant to this chapter. The hearing51
72	72	and any administrative review thereof shall be conducted in accordance with the procedure52
73	73	for contested cases under Chapter 13 of Title 50, the 'Georgia Administrative Procedure53
74	74	Act.' Any person that has exhausted all administrative remedies available and that is54
75	75	aggrieved or adversely affected by a final order or action of the Commissioner shall have55
76	76	the right of judicial review thereof in accordance with Chapter 13 of Title 50. All penalties56
77	77	recovered under this Code section shall be paid into the state treasury."57
78	78	SECTION 2.58
79	79	All laws and parts of laws in conflict with this Act are repealed.59
80	80	H. B. 914
81	81	- 3 -