TITLE 45 PUBLIC OFFICERS AND EMPLOYEES

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

ARTICLE 2 FAIR EMPLOYMENT PRACTICES

45-19-35. Use of quotas because of imbalances in employee ratios prohibited; grants of preferential treatment to certain individuals or groups not required by article; adoption of plans required by Governor to reduce imbalance; effect of article upon certain employment practices.

1. Quotas because of imbalances in employee ratios shall not be permitted.
2. Nothing contained in this article requires an employer to grant preferential treatment to an individual or to a group because of the race, color, religion, national origin, sex, disability, or age of the individual or group on account of an imbalance which may exist with respect to the total number or percentage of persons of any race, color, religion, national origin, sex, disability, or age in the state or a community, section, or other area or in the available work force in the state or a community, section, or other area.
3. It is specifically provided that neither subsection (a) nor (b) of this Code section nor any other provision of this article shall prohibit an employer from adopting or carrying out a plan to fill vacancies or hire new employees in a manner to eliminate or reduce imbalance in employment with respect to race, color, disability, religion, sex, national origin, or age if such plan is required by the Governor and filed with and approved by the administrator prior to its final adoption and implementation.
4. Nothing contained in this article prohibits:
   1. Minimum hiring ages otherwise provided by law;
   2. State compliance with federal regulations;
   3. Termination of the employment of any person who is unable or incompetent or refuses to perform the person's duties;
   4. Any physical or medical examinations of applicants or employees which an employer requires to determine fitness for the job or position sought or held; or
   5. An employer from observing the terms of a bona fide seniority system or any bona fide employee benefit plan such as a retirement, pension, or insurance plan which is not a subterfuge to evade the purposes of this article.

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