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2018 Georgia Code 34-5-1 | Car Wreck Lawyer

TITLE 34 LABOR AND INDUSTRIAL RELATIONS

Section 5. Sex Discrimination in Employment, 34-5-1 through 34-5-7.

34-5-1. Declaration of public policy regarding discriminatory wage practices based on sex.

The General Assembly declares that the practice of discriminating on the basis of sex by paying wages to employees of one sex at a lesser rate than the rate paid to employees of the opposite sex for comparable work in jobs which require the same, or essentially the same, knowledge, skill, effort, and responsibility unjustly discriminates against the person receiving the lesser rate; leads to low worker morale, high turnover, and frequent labor unrest; discourages workers paid at the lesser wage rates from training for higher level jobs; curtails employment opportunities; decreases mobility of workers and increases labor costs; impairs purchasing power and threatens the maintenance of an adequate standard of living by such workers and their families; prevents optimum utilization of the labor resources available to the state; threatens the well-being of citizens of this state; and adversely affects the general welfare. It is declared to be the policy of the State of Georgia to eliminate, as rapidly as possible, by exercise of the police power of this state, discriminatory wage practices based on sex.

(Ga. L. 1966, p. 582, § 1.)

JUDICIAL DECISIONS

Applicability.

- Because a former employee alleged sexual harassment under O.C.G.A. § 34-5-1 by a manager, who made sexual overtures to the employee, the defendants were granted summary judgment because § 34-5-1 offered relief only for sex discrimination regarding wage practices. Johnson v. Shoney's, Inc., F. Supp. 2d (M.D. Ga. Aug. 18, 2005).

RESEARCH REFERENCES

Am. Jur. 2d.

- 45A Am. Jur. 2d, Job Discrimination, §§ 134 et seq., 661, 662.

C.J.S.

- 14 C.J.S., Civil Rights, §§ 19 et seq., 72, 79, 103, 104, 121.

ALR.

- Constitutionally of "civil rights" legislation by state, 49 A.L.R. 505.

Recovery of damages for emotional distress resulting from discrimination because of sex or marital status, 61 A.L.R.3d 944.

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

What constitutes employment discrimination on the basis of "marital status" for purposes of state civil rights laws, 44 A.L.R.4th 1044.

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.

When is supervisor's or co-employee's hostile environment sexual harassment imputable to employer under state law, 94 A.L.R.5th 1.

Discrimination against pregnant employee as violation of state fair employment laws, 99 A.L.R.5th 1.

Application of state statutes regulating claims of hostile work environment or sexual harassment based on sexual, romantic, or paramour favoritism, 92 A.L.R.6th 121.

Discrimination on basis of person's transsexual status as violation of state or local law, 96 A.L.R.6th 189.

Conduct of plaintiff as defense in action for employment discrimination based on sexual harassment under federal civil rights statutes, 145 A.L.R. Fed. 459.

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

Award of compensatory damages under 42 U.S.C.A. § 1981a for violation of Title VII of Civil Rights Act of 1964, 154 A.L.R. Fed. 347.

Propriety of treating separate entities as one for determining number of employees required by Title VII of Civil Rights Act of 1964 (42 U.S.C.A. § 2000e(b)) for action against "employer", 160 A.L.R. Fed. 441.

Liability of employer, under Title VII of Civil Rights Act of 1964 (42 U.S.C.A. § 2000e et seq.) for sexual harassment of employee by customer, client, or patron, 163 A.L.R. Fed. 445.

Discrimination on basis of person's transgender or transsexual status as violation of federal law, 84 A.L.R. Fed. 2d 1.

Identity of commenter and relationship of remark to employment decision as determinants of relevance of stray remark or comment in Title VII action for sex discrimination, 4 A.L.R. Fed. 3d 7.

Stray remark or comment involving male plaintiffs in Title VII action for sex discrimination, 4 A.L.R. Fed. 3d 8.

Stray remark or comment toward female plaintiffs regarding pregnancy, child-rearing, and related references in Title VII action for sex discrimination, 6 A.L.R. Fed. 3d 3.

Stray remark or comment involving general references toward female plaintiffs in Title VII action for sex discrimination, 7 A.L.R. Fed. 3d 2.

Stray remark or comment involving overt sexual references toward female plaintiffs in Title VII action for sex discrimination, 9 A.L.R. Fed. 3d 5.

Cases Citing Georgia Code 34-5-1 From Courtlistener.com

Total Results: 1

City of Atlanta v. McKinney

Court: Supreme Court of Georgia | Date Filed: 1995-03-14

Citation: 265 Ga. 161, 454 S.E.2d 517, 1995 WL 116312

Snippet: OCGA §§ 34-1-2 (age discrimination in employment); 34-5-1 et seq. (sex discrimination in employment); 34-6A-1