2021 Georgia Code
Title 45 - Public Officers and Employees
Chapter 19 - Labor Practices
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 note, "Battle of the Sexes: Title VII's Failure to Protect Women from Discrimination Against Sex-Linked Conditions," see 53 Ga . L. Rev. 1185 (2019). For note, "Disparate Impact Under the ADEA: Applicants Need Not Apply," see 36 Ga. St. U.L. Rev. 351 (2019). For comment, "Blurred Lines: Sexual Orientation and Gender Nonconformity in Title VII," see 64 Emory L.J. 911 (2015). For comment, "‘A Fresh Look': Title VII's New Promise for LGBT Discrimination Protection Post-Hively,” see 68 Emory L.J. 1101 (2019).
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.
