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