O.C.G.A.
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
This article shall be known and may be cited as the ‘‘Fair Employment Practices Act of 1978.’’
History
(Ga. L. 1978, p. 859, § 25; Ga. L. 1983, p. 1097, § 1.)
Annotations
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., No.
5:06-CV-55 (WDO), 2006 U.S. Dist. LEXIS 38057 (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., No.
1:07-CV-1228-RLV, 2008 U.S. Dist. LEXIS 22142 (N.D. Ga. Mar. 18, 2008).
Notes of Decisions
Cited in
21
cases (
8 in the last 5 years), 1988–2025 · leading case:
Finney v. Dep't of Corr., 434 S.E.2d 45 (Ga. 1993).
Finney v. Dep't of Corr., 434 S.E.2d 45 (Ga. 1993).
· cites it 16× “Appellant in the instant appeal was successful in the pursuit of her claim under OCGA § 45-19-20 et seq., the Fair Employment Practices Act (FEPA).”
Collins v. Dep't of Transp., 429 S.E.2d 707 (Ga. Ct. App. 1993).
· cites it 8× “The superior court denied Collins' motion, holding that Donnelly only held that state courts presumptively have jurisdiction over Title VII claims; whether a state court in fact has Title VII jurisdiction is dependent on state law; the General Assembly has acted in employment…”
Williamson v. Dep't of Human Resources, 572 S.E.2d 678 (Ga. Ct. App. 2002).
· cites it 2× “Williamson opposed the motion, contending the state had waived sovereign immunity as to disability discrimination claims filed by state employees by enacting the Fair Employment Practices Act, OCGA § 45-19-20 et seq. (“the FEPA”). Williamson also argued that her Rehabilitation…”
Green v. Sun Trust Banks, Inc., 399 S.E.2d 712 (Ga. Ct. App. 1990).
· cites it 2× “The first was to compel response to 11 interrogatories which were objected to by defendants as irrelevant, immaterial, overbroad, burdensome and intended to harass the banks.”
Hughes v. Georgia Dep't of Corr., 600 S.E.2d 383 (Ga. Ct. App. 2004).
· cites it 2× “The purpose of the FEPA includes “the elimination of discrimination against all individuals in public employment because of such individuals’ race, color, religion, national origin, sex, disability, or age.” OCGA § 45-19-21 (a) (3). Conceptually, the Act and the FEPA are similar…”
Edwards v. Shalala, 846 F. Supp. 997 (N.D. Ga. 1994).
· cites it 2× “The court cannot borrow an analogous state statute because Georgia's Fair Employment Practices Act [FEPA], O.C.G.A. § 45-19-20 et seq., which includes age discrimination as a prohibited practice, is patterned after Title VII.”
Robinson v. Dep't of Corr., 438 S.E.2d 190 (Ga. Ct. App. 1993).
· cites it 2× “This case involves attorney fee awards for representation on appeal to the superior court under the Fair Employment Practices Act, OCGA § 45-19-20 et seq., specifically OCGA § 45-19-39 (c).”
Bd. of Regents v. Moore, 436 S.E.2d 789 (Ga. Ct. App. 1993).
· cites it 2× “Moore against the Board of Regents of the University System of Georgia/Albany State College (“the Board”) under the Fair Employment Practices Act, OCGA § 45-19-20 et seq. In his first charge (Case No.”
Dep't of Corr. v. Finney, 416 S.E.2d 805 (Ga. Ct. App. 1992).
· cites it 2× “DOC contends that the attorney fees award violates the Fair Employment Practices Act of 1978 (the Act), OCGA § 45-19-20 et seq., because Finney’s attorney had entered into a contract with OFEP under which he agreed to represent Finney in return for a reduced hourly rate of…”
Georgia Dep't of Juv. Just. v. Kevin Jerome Branton (Ga. Ct. App. 2025).
· cites it 4× “DJJ contends that the superior court erred by holding that (1) there was direct evidence of discrimination and retaliation, and (2) the DJJ 1 OCGA § 45-19-20 et seq. This Court granted DJJ’s discretionary appeal application on November 1, 2024.”
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