2020 Georgia Code
Title 45 - Public Officers and Employees
Chapter 19 - Labor Practices
Article 2 - Fair Employment Practices
§ 45-19-43. Access of Administrator or Designee to Premises, Records, and Documents; Persons Required to Make and Keep Employment Records; Application for Relief From Order Due to Hardship; Unlawful to Make Information Public

1. In connection with an investigation of a complaint of an unlawful practice filed under this article, the administrator or the administrator's designee shall have access at any reasonable time to premises, records, and documents relevant to the complaint and shall have the right to examine, photograph, and copy evidence.
2. Any person subject to this article shall:
   1. Make and keep such records as may be prescribed by rules and regulations of the administrator which are necessary and relevant to the determination of whether an unlawful practice has been or is being committed; and
   2. Make such reports therefrom as the administrator shall prescribe by rules and regulations which are reasonable, necessary, or appropriate for the enforcement of this article or orders or regulations under this article.
3. If a person fails to permit access, examination, photographing, or copying or fails to make or keep records or reports as required by this Code section, the administrator may issue an order requiring compliance. Upon a failure to comply with the order of the administrator, the administrator may apply to the superior court for an order directing compliance.
4. The administrator, by regulation, shall require each person subject to this article who controls an apprenticeship or other training program to keep all records reasonably necessary to carry out the purposes of this article, including, but not limited to, a list of applicants who wish to participate in such program, including the chronological order in which such applications were received. Such records shall be furnished to the administrator upon the administrator's request. The administrator may also request and receive a detailed description of the manner in which persons are selected to participate in the apprenticeship or other training program.
5. Records and reports required by the administrator under this Code section shall conform as closely as practicable to similar records and reports required by federal law and to customary record-keeping practices.
6. An employer or other person who believes that the application to them of an order issued under this article would result in undue hardship may apply to the administrator for relief from the application of the order. If the administrator finds that the application of the regulation or order to the employer or person in question would impose an undue hardship, the administrator may grant appropriate relief.
7. With respect to a particular employer or person, it is unlawful without the employer's or the person's consent for the administrator or an employee of the administrator to make public information obtained by the administrator or the administrator's employees pursuant to the administrator's authority under this Code section, except such information as shall reasonably be necessary to the conduct of a proceeding under this article.

(Ga. L. 1978, p. 859, § 18; Ga. L. 1983, p. 1097, § 1.)

The Office of Fair Employment Practices does not have the authority to conduct systematic investigations into public employment. 1979 Op. Att'y Gen. No. 79-13.

RESEARCH REFERENCES

C.J.S.

- 73 C.J.S., Public Administrative Law and Procedure, §§ 76-84.

- Public officer's privilege as to statements made in connection with hiring and discharge, 26 A.L.R.3d 492.