HB306: HB306 Labor and industrial relations; cause of action for workplace harassment and retaliation; provide

Georgia currently has a chapter of law addressing sexual harassment in government workplaces. This bill rewrites that chapter to broaden it into a general workplace harassment and retaliation law. It defines key terms like adverse employment action, protected activity, protected characteristic, and workplace harassment, and it creates several distinct legal claims: a retaliation claim against county, municipal, or consolidated governments for employees facing retaliation over sexual harassment complaints, a workplace harassment claim against supervisors, co-workers, third parties, or employers, and a separate retaliation claim against supervisors or employers for any protected activity. Employers can reduce their liability by showing they had a compliant written anti-harassment policy, trained supervisors, and promptly disciplined offenders. Claims for workplace harassment must be filed within two years, and retaliation claims within one year of discovery or three years of the act, whichever is earlier. Courts could award lost wages, reinstatement, damages, and attorney fees, with punitive damages barred if the employer substantially complied with the policy requirements. The law would take effect as soon as the Governor signs it or it becomes law without his signature.

• Rewrites Chapter 5A of Title 34 of Georgia's labor code to cover general workplace harassment based on any protected characteristic, not just sexual harassment in government jobs.
• Creates a new civil lawsuit right for private-sector claimants against supervisors, co-workers, third parties, or employers who engage in or negligently allow workplace harassment.
• Creates a separate retaliation lawsuit right against a supervisor or employer for any employee who suffers an adverse employment action because they engaged in a protected activity.
• Lets employers reduce or avoid liability by proving they maintained a compliant written anti-harassment policy, trained supervisors, and disciplined offenders.
• Sets a two-year deadline to sue over workplace harassment and a one-year (from discovery) or three-year (from the act) deadline for retaliation claims.
• Bars punitive damages if a jury finds the employer substantially complied with the policy requirements in Code Section 34-5A-4.

Employees and job applicants at Georgia businesses with ten or more paid workers, supervisors and co-workers who could be personally sued, county and municipal governments and consolidated governments, and employers who will need to adopt or update written anti-harassment policies to limit their legal exposure.

Georgia workers outside government jobs currently lack a clear statutory harassment and retaliation lawsuit under this chapter; this bill would give them one, while also letting employers limit damages through documented prevention policies, changing incentives for how businesses handle harassment complaints and discipline.

• Section 34-5A-1 defines terms including 'employer' (ten or more paid workers, excluding government entities), 'protected characteristic,' 'retaliation,' and 'workplace harassment.'
• Section 34-5A-2 keeps a retaliation claim against county, municipal, or consolidated governments tied to sexual harassment complaints, with relief under O.C.G.A. § 45-1-4.
• Section 34-5A-3 creates a new workplace harassment claim against supervisors, co-workers, third parties, or negligent employers.
• Section 34-5A-4 lists seven steps an employer must take, such as a written policy and supervisor training, to mitigate liability.
• Section 34-5A-5 creates a general retaliation claim against a supervisor or employer for adverse action tied to protected activity.
• Section 34-5A-6 sets a two-year statute of limitations for harassment claims and a one-year/three-year rule for retaliation claims.
• Section 34-5A-7 allows courts to award lost wages, reinstatement, damages, attorney fees, and injunctions, but bars punitive damages if the employer substantially complied with policy requirements.
• Section 2 makes the Act effective immediately upon the Governor's signature or upon becoming law without his signature.

1. 2025-02-11House Second Readers (House)
2. 2025-02-10House First Readers (House)
3. 2025-02-06House Hopper (House)

• Tanya Miller (D, HD-062)Primary sponsor
• Inga Willis (D, HD-055)
• Omari Crawford (D, HD-089)
• Dewey McClain (D, HD-109)
• Scott Holcomb (D, HD-101)
• Lisa Campbell (D, HD-035)

• workplace harassment
• employment law
• retaliation claims
• sexual harassment policy
• labor law