TITLE 45 PUBLIC OFFICERS AND EMPLOYEES

Section 19. Labor Practices, 45-19-1 through 45-19-46.

ARTICLE 2 FAIR EMPLOYMENT PRACTICES

45-19-21. Purposes and construction of article.

The general purposes of this article are:
1. To provide for execution within public employment in the state of the policies embodied in Title VII of the federal Civil Rights Act of 1964 (78 Stat. 241), as amended by the Equal Employment Opportunity Act of 1972 (86 Stat. 103), as from time to time amended, the federal Age Discrimination in Employment Act of 1967 (81 Stat. 602), as from time to time amended, and the federal Rehabilitation Act of 1973 (87 Stat. 355), as from time to time amended;
2. To safeguard all individuals in public employment from discrimination in employment; and
3. To promote the elimination of discrimination against all individuals in public employment because of such individuals' race, color, religion, national origin, sex, disability, or age thereby to promote the protection of their interest in personal dignity and freedom from humiliation; to make available to the state their full productive capacities; to secure the state against domestic strife and unrest which would menace its democratic institutions; to preserve the public safety, health, and general welfare; and to further the interests, rights, and privileges of individuals within the state.
This article shall be broadly construed to further the general purposes stated in this Code section and the special purposes of the particular provision involved.
Nothing in this article shall be construed as indicating an intent to exclude local or federal laws on the same subject matter, which laws are not inconsistent with this article.
Nothing contained in this article shall be deemed to repeal any other nonconflicting law of this state relating to discrimination because of race, color, religion, national origin, sex, disability, or age.

(Ga. L. 1978, p. 859, § 2; Ga. L. 1983, p. 1097, § 1; Ga. L. 1990, p. 8, § 45; Ga. L. 1995, p. 1302, § 10.)

U.S. Code.

- The Civil Rights Act of 1964, referred to in this Code section, is codified as 42 U.S.C. § 2000a et seq. The Equal Employment Opportunity Act of 1972, referred to in this Code section, is codified as 42 U.S.C. § 2000e et seq. The Age Discrimination in Employment Act of 1967, referred to in this Code section, is codified as 29 U.S.C. § 621 et seq. The Rehabilitation Act of 1973, referred to in this Code section, is codified as 29 U.S.C. § 701 et seq.

Law reviews.

- For article, "Gender and Justice in the Courts: A Report to the Supreme Court of Georgia by the Commission on Gender Bias in the Judicial System," see 8 Ga. St. U.L. Rev. 539 (1992).

JUDICIAL DECISIONS

Reference to federal decisions is appropriate in view of purposes of O.C.G.A. Art. 2, Ch. 19, T. 45.

- Reference to federal decisions interpreting Title VII of the Civil Rights Act of 1964 (42 U.S.C. § 2000e et seq.) is appropriate in view of purposes of Act as stated in O.C.G.A. § 45-19-21. Georgia Dep't of Human Resources v. Montgomery, 248 Ga. 465, 284 S.E.2d 263 (1981); Georgia Bureau of Investigation v. Heard, 166 Ga. App. 895, 305 S.E.2d 670 (1983).

OPINIONS OF THE ATTORNEY GENERAL

No repeal of "State Merit System Law" by this Act.

- The statutory provisions of the "State Merit System Law", O.C.G.A. § 45-20-1 et seq., that bar discrimination in state employment, and provide a procedure to adjudicate cases of unlawful employment discrimination have not been repealed by the "Georgia Fair Employment Practices Act," O.C.G.A. § 45-19-20 et seq. 1983 Op. Att'y Gen. No. 83-51.

RESEARCH REFERENCES

ALR.

- Application of state law to sex discrimination in employment, 87 A.L.R.3d 93.

Identification of jobseeker by race, religion, national origin, sex, or age, in "Situation Wanted" employment advertising as violation of state civil rights laws, 99 A.L.R.3d 154.

Accommodation requirement under state legislation forbidding job discrimination on account of handicap, 76 A.L.R.4th 310.

Handicap as job disqualification under state legislation forbidding job discrimination on account of handicap, 78 A.L.R.4th 265.

Damages and other relief under state legislation forbidding job discrimination on account of handicap, 78 A.L.R.4th 435.

Discrimination "because of handicap" or "on the basis of handicap" under state statutes prohibiting job discrimination on account of handicap, 81 A.L.R.4th 144.

What constitutes handicap under state legislation forbidding job discrimination on account of handicap, 82 A.L.R.4th 26.

Availability and scope of punitive damages under state employment discrimination law, 81 A.L.R.5th 367.

Validity, construction, and application of state enactment, order, or regulation expressly prohibiting sexual orientation discrimination, 82 A.L.R.5th 1.

Individual liability of supervisors, managers, officers or co-employees for discriminatory actions under state Civil Rights Act, 83 A.L.R.5th 1.

What constitutes employer's reasonable accommodation of employee's religious preferences under Title VII of Civil Rights Act of 1964, 134 A.L.R. Fed 1.

What constitutes reverse or majority gender discrimination against males violative of federal constitution or statutes - public employment cases, 153 A.L.R. Fed. 609.

What constitutes employment discrimination by public entity in violation of Americans with Disabilities Act (ADA), 42 U.S.C.A. § 12132, 164 A.L.R. Fed. 433.

Can "at-will" employee bring action for racial discrimination under 42 U.S.C.A. § 1981, 165 A.L.R. Fed. 143.

Cases Citing O.C.G.A. § 45-19-21

Total Results: 2 | Sort by: Relevance | Newest First

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City of Atlanta v. McKinney, 265 Ga. 161 (Ga. 1995).

Cited 27 times | Published | Supreme Court of Georgia | Mar 14, 1995 | 454 S.E.2d 517

...3 (418 SE2d 27) (1992); id. at 382-383 & n. 6 (Sears, J., concurring specially). Moreover, the Georgia Fair Employment Practices Act of 1978 expressly permits local governments to pass laws prohibiting discrimination in public employment. See OCGA § 45-19-21 (act shall not be construed to exclude local or federal laws on the same subject matter)....

...ation by the State because of race, color, religion, national origin, sex, handicap, or age. OCGA §§ 45-19-22; 45-19-29. I agree that a municipality may pass a law on the same subject matter which is not inconsistent with the State's version. OCGA § 45-19-21 (c)....

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Finney v. Dep't of Corr., 434 S.E.2d 45 (Ga. 1993).

Cited 15 times | Published | Supreme Court of Georgia | Jul 15, 1993 | 263 Ga. 301, 93 Fulton County D. Rep. 2534

...t. Today I feel much regret. I, therefore, dissent. 1. In determining the interplay between the reasonable attorney fee provisions of OCGA § 45-19-38 (c) and the actual damages provision of § 45-19-38 (d), the plurality has completely ignored OCGA § 45-19-21. OCGA § 45-19-21 (a) (1) directs that the General Assembly enacted FEPA to provide for execution within public employment in the state of the policies embodied in Title VII of the federal Civil Rights Act of 1964 (78 Stat....

...Given the policy considerations outlined above, it is unreasonable to conclude, as does the plurality, that our General Assembly enacted a reasonable attorney fee provision under § 45-19-38 (c), with the stated purpose of effectuating the policy of Title VII, § 45-19-21 (a) (1), and then enacted § 45-19-38 (d) to defeat the very policy behind the grant of attorney fees....

...) to effectuate the policy of Title VII of limiting the remedies for the unlawful discrimination itself to those designed to make the complainant whole with regard to the complainant's employment. 2. Furthermore, this construction is consistent with § 45-19-21 (a) (3) and (b)....

...th the authority of a superior court, I would construe § 45-19-38 (d) to be limited to "monetary awards ordered [by a special master] pursuant to this article." Any other construction would be completely at odds with the mandate given the courts by § 45-19-21....

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