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2018 Georgia Code 34-5-3 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 34-5-3 Case Law from Google Scholar Amendments to OCGA 34-5-3

TITLE 34 LABOR AND INDUSTRIAL RELATIONS

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

34-5-3. Prohibition of discriminatory wage differentials; penalty for discharge of or discrimination against complainant.

  1. No employer having employees subject to any provisions of this chapter shall discriminate, within any establishment in which such employees are employed, between employees on the basis of sex by paying wages to employees in such establishment at a rate less than the rate at which he pays wages to employees of the opposite sex in such establishment for equal work in jobs which require equal skill, effort, and responsibility and which are performed under similar working conditions, except where such payment is made pursuant to (1) a seniority system, (2) a merit system, (3) a system which measures earnings by quantity or quality of production, or (4) a differential based on any other factor other than sex. An employer who is paying a wage rate differential in violation of this subsection shall not, in order to comply with this subsection, reduce the wage rate of any employee.
  2. It shall also be unlawful for any person to cause or attempt to cause an employer to discriminate against any employee in violation of this chapter.
  3. It shall be unlawful for any person to discharge or in any other manner discriminate against any employee covered by this chapter because such employee has made a complaint to his employer or any other person or has instituted or caused to be instituted any proceeding under or related to this chapter or has testified or is about to testify in any such proceedings. Any person who violates any provision of this Code section shall, upon conviction thereof, be punished by a fine not to exceed $100.00.

(Ga. L. 1966, p. 582, §§ 3, 8.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 45B Am. Jur. 2d, Job Discrimination, § 931 et seq. 48 Am. Jur. 2d, Labor and Labor Relations, § 881.

C.J.S.

- 14 C.J.S., Civil Rights, §§ 19 et seq., 72, 79, 103 et seq., 281, 299. 51B C.J.S., Labor Relations, § 1532.

ALR.

- Collective bargaining agreement discriminating against certain employees as infringement of their rights, 172 A.L.R. 1351.

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

Recovery of damages as remedy for wrongful discrimination under state or local civil rights provisions, 85 A.L.R.3d 351.

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.

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

Punitive damages in actions for violations of Title VII of the Civil Rights Act of 1964 (42 U.S.C.A. § 1981a; 42 U.S.C.A. § 2000e et seq.), 150 A.L.R. Fed. 601.

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.

What constitutes reverse or majority gender discrimination against males violative of federal constitution or statutes - private employment cases, 162 A.L.R. Fed. 273.

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.

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

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.

Cases Citing Georgia Code 34-5-3 From Courtlistener.com

Total Results: 2

Reilly v. Alcan Aluminum Corp.

Court: Supreme Court of Georgia | Date Filed: 2000-03-27

Citation: 528 S.E.2d 238, 272 Ga. 279, 2000 Fulton County D. Rep. 1130, 16 I.E.R. Cas. (BNA) 211, 2000 Ga. LEXIS 290, 82 Fair Empl. Prac. Cas. (BNA) 483

Snippet: proceeding pursuant to a subpoena); OCGA §§ 34-5-3 and 34-5-5 (§ 34-5-3 specifies a criminal penalty for wage

Cotton States Mutual Insurance v. Lashley

Court: Supreme Court of Georgia | Date Filed: 1985-10-23

Citation: 335 S.E.2d 855, 255 Ga. 71, 1985 Ga. LEXIS 920

Snippet: rejections, would be in violation of OCGA § 33-34-5. [3] Even the declaration of facts underlying a presumption