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2018 Georgia Code 45-19-20 | Car Wreck Lawyer

TITLE 45 PUBLIC OFFICERS AND EMPLOYEES

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

ARTICLE 2 FAIR EMPLOYMENT PRACTICES

45-19-20. Short title.

This article shall be known and may be cited as the "Fair Employment Practices Act of 1978."

(Ga. L. 1978, p. 859, § 25; Ga. L. 1983, p. 1097, § 1.)

Law reviews.

- For comment, "Blurred Lines: Sexual Orientation and Gender Nonconformity in Title VII," see 64 Emory L.J. 911 (2015).

JUDICIAL DECISIONS

Sovereign immunity under Eleventh Amendment.

- Fired state employee's monetary claims against a state agency in federal court under the Age Discrimination in Employment Act, Title I of the Americans with Disabilities Act, and 42 U.S.C. § 1981 were dismissed because the Georgia General Assembly did not waive the state's sovereign immunity under the Eleventh Amendment by enacting the Fair Employment Practices Act, O.C.G.A. § 45-19-20 et seq., but an injunctive claim was still cognizable. Jackson v. Oconee Cmty. Serv. Bd., F. Supp. 2d (M.D. Ga. June 8, 2006).

Georgia legislature specifically waived the state's sovereign immunity from federal disability discrimination claims because a state statute, the Fair Employment Practices Act, O.C.G.A. § 45-19-20 et seq., had waived immunity from comparable actions brought under state law; thus, defendant state DOC could have been, and was, sued in state court on federal disability discrimination claims by plaintiff former employee, and further, DOC's removal of the case to federal court waived its eleventh amendment immunity. Jones v. Dep't of Corr., F. Supp. 2d (N.D. Ga. Mar. 18, 2008).

RESEARCH REFERENCES

ALR.

- Discrimination against younger persons in favor of older persons (reverse age discrimination), 6 A.L.R.7th 7.

Cases Citing Georgia Code 45-19-20 From Courtlistener.com

Total Results: 1

Finney v. Department of Corrections

Court: Supreme Court of Georgia | Date Filed: 1993-07-15

Citation: 434 S.E.2d 45, 263 Ga. 301, 93 Fulton County D. Rep. 2534, 1993 Ga. LEXIS 533

Snippet: successful in the pursuit of her claim under OCGA § 45-19-20 et seq., the Fair Employment Practices Act (FEPA)