HB49: HB49 Georgia Anti-Corruption Act; enact

Georgia law currently lets public employers investigate complaints about fraud, waste, and abuse from public employees, and it protects those employees from retaliation for reporting problems. House Bill 49, called the Georgia Anti-Corruption Act, rewrites O.C.G.A. § 45-1-4 to extend those same protections to independent contractors and other people, not just employees on a public payroll. The bill broadens who can report wrongdoing, expands the definition of retaliation to cover any adverse action against a covered person, not only employment actions against employees, and sets a filing deadline of one year after discovering the retaliation or three years after it happened, whichever comes first. It also makes it a misdemeanor for an agent of a public employer to violate the law's anti-retaliation rules. The bill repeals conflicting laws and does not list a separate effective date beyond the standard process.

• Expands whistleblower protections in O.C.G.A. § 45-1-4 to cover independent contractors and other people, not just public employees.
• Broadens the definition of retaliation to include any adverse action, not just discharge, suspension, or demotion of an employee.
• Sets a civil lawsuit deadline of one year after discovering retaliation or three years after the retaliation occurred, whichever is earlier.
• Creates a new misdemeanor criminal offense for any agent of a public employer who violates the law's ban on retaliation policies.
• Preserves existing court remedies such as reinstatement, back pay, and attorney's fees for people who win a retaliation lawsuit.

The bill affects state and local government agencies that employ or contract with workers, public employees, independent contractors who do work for government agencies, and supervisors or agents who might face misdemeanor charges for retaliating against someone who reports wrongdoing.

People who work for the government as contractors, not just direct employees, would gain legal protection if they report fraud or rule violations and face retaliation. Government agencies and their supervisors would face a criminal misdemeanor charge, not just civil liability, for punishing whistleblowers.

• Section 1 names the bill the 'Georgia Anti-Corruption Act.'
• Section 2 rewrites O.C.G.A. § 45-1-4 to add independent contractors and other persons to the definitions of who can report and who is protected from retaliation.
• Subsection (d) bars public employers from adopting policies that prevent disclosure of violations and from retaliating against anyone who reports or objects to unlawful activity.
• Subsection (e) sets the statute of limitations for a civil lawsuit at one year after discovering the retaliation or three years after it occurred, whichever is earlier.
• Subsection (f) allows courts to award attorney's fees, court costs, and expenses to a person who wins a retaliation case.
• Subsection (g) makes it a misdemeanor for any agent of a public employer to violate the law's anti-retaliation policy rules.
• Section 3 repeals any conflicting state laws.

1. 2025-01-16House Second Readers (House)
2. 2025-01-15House First Readers (House)
3. 2025-01-14House Hopper (House)

• Viola Davis (D, HD-087)Primary sponsor
• Kim Schofield (D, HD-063)
• Sandra Scott (D, HD-076)

• whistleblower protections
• government contractors
• public employee rights
• anti-corruption law