Georgia Jury Instruction - 1.1.3 Public Employee Equal Protection Claim Race and or Sex Discrimination Hostile Work Environment - Separate Liability
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FAQ
The Equal Employment Division of the Commission enforces the Georgia Fair Employment Practices Act of 1978, as amended, which makes it unlawful for a state agency to discriminate against any individual on the basis of race,sex, age, disability, national origin, color or relation.
Georgia Sex Discrimination in Employment Act of 1966, found at O.C.G.A. § 34-5-1, et seq., mimics the Equal Pay Act of 1963, in that it prohibits discrimination between employees in the same establishment, on the basis of sex, in their compensation for comparable work.
Because Georgia does not have a state anti-discrimination statute, many Georgia attorneys choose to file employment discrimination cases in federal court. A case filed in state court using federal law may be removed to federal court by the employer because it involves a federal statute, such as Title VII or the ADEA.
Sex discrimination involves treating someone (an applicant or employee) unfavorably because of that person's sex, including the person's sexual orientation, gender identity, or pregnancy.
Georgia's Equal Pay Act requires employers to pay employees of the opposite sex equal wages for equal work. (GA Code Sec. 34-5-1) This statute applies all public employers and private employers with 10 or more employees.
