Labor and industrial relations; right of action for workplace harassment; provide
If enacted, HB 381 would significantly impact how workplace harassment cases are handled in Georgia. The bill establishes that employers can be held liable for harassment if they fail to take reasonable care in preventing and addressing it. Furthermore, it requires employers to adopt written policies detailing procedures for handling harassment complaints. It also outlines the necessary steps that employers must take to avoid liability, such as providing training to supervisors and implementing disciplinary measures against harassers.
House Bill 381 seeks to amend Chapter 5A of Title 34 of the Official Code of Georgia Annotated, specifically regarding sexual harassment in government workplaces. This bill introduces a formal right of action for workplace harassment, allowing employees to sue employers in cases where they are subjected to harassment by supervisors, coworkers, or third parties. Additionally, the bill provides specific definitions related to workplace harassment and establishes criteria for claiming retaliation against employers who retaliate against employees for reporting harassment or participating in investigations.
Despite the potential benefits of HB 381 in strengthening employee protections, the bill is not without contention. Critics may argue that the requirements placed on employers are burdensome and could expose them to excessive liability, particularly if employees misinterpret workplace interactions. Additionally, the definitions of harassment and the circumstances under which employers can avoid liability may lead to legal disputes and uncertainty. Stakeholders may express concerns over balancing employee protections with the operational realities faced by businesses.