HB311: HB311 Advancing Fair Employment for All Ages Act; enact

Georgia's current law against age discrimination in employment (O.C.G.A. § 34-1-2) only protects workers between the ages of 40 and 70. That means employers cannot be sued under this specific state law for discriminating against someone older than 70. House Bill 311 would remove that upper limit, extending protection to anyone 40 years of age or older, with no ceiling. The bill keeps the rest of the law's structure intact: employers still cannot refuse to hire, fire, or refuse to license someone because of age when the job itself does not require an age limit, as long as the worker is qualified. It also keeps existing exceptions for bona fide retirement plans and for compulsory retirement of certain high-level executives who qualify for a specific pension benefit. The law would take effect as soon as the Governor signs it or it becomes law without his signature.

• Removes the current 70-year-old upper age limit in Georgia's employment age discrimination law, extending protection to all workers 40 and older.
• Keeps the existing rule that employers cannot refuse to hire, employ, license, or fire a qualified worker solely because of age when the job does not require an age distinction.
• Preserves the existing exception allowing legitimate retirement policies that are not used as a cover for age discrimination.
• Keeps the existing carve-out letting employers require retirement for certain top executives aged 65 to 70 who qualify for a $27,000 annual pension benefit.
• Gives the bill a short title, the 'Advancing Fair Employment for All Ages Act.'

Georgia workers over age 70 who currently fall outside the state's age discrimination protections, employers of all sizes doing business in Georgia, and businesses with retirement or executive compensation policies tied to age, since those provisions remain but interact with a now-uncapped protected class.

Workers older than 70 in Georgia currently have no protection under this specific state law if an employer refuses to hire or fires them for being too old. This bill would close that gap, meaning older workers statewide could bring age discrimination claims under state law regardless of how old they are.

• Section 1 names the bill the 'Advancing Fair Employment for All Ages Act.'
• Section 2 revises O.C.G.A. § 34-1-2(a) to change the protected age range from '40 and 70 years' to '40 years of age or older,' removing the upper age limit.
• Section 2 leaves intact the exception for legitimate employer retirement policies and the compulsory retirement carve-out for executives aged 65 to 70 with a qualifying $27,000 annual pension.
• Section 3 makes the Act effective immediately upon the Governor's signature or upon becoming law without his signature.
• Section 4 repeals any conflicting laws.

1. 2025-04-04House Withdrawn, Recommitted (House)
2. 2025-03-06House Committee Favorably Reported (House)
3. 2025-02-11House Second Readers (House)
4. 2025-02-10House First Readers (House)
5. 2025-02-06House Hopper (House)

• Kim Schofield (D, HD-063)Primary sponsor
• Dewey McClain (D, HD-109)
• Sandra Scott (D, HD-076)
• Viola Davis (D, HD-087)

• age discrimination
• employment law
• older workers
• workplace rights