SB320: SB320 "Georgia Civil Rights Act of 2025"; enact

25 LC 48 1564 Senate Bill 320 By: Senators Halpern of the 39th, Jones II of the 22nd, Jackson of the 41st, Harrell of the 40th and Parent of the 44th A BILL TO BE ENTITLED AN ACT To amend Titles 8, 10, 34, 35, 45, and 50 of the Official Code of Georgia Annotated, relating1 to buildings and housing, commerce and trade, labor and industr ial relations, law2 enforcement officers and agencies, public officers and employee s, and state government,3 respectively, so as to provide comprehensive state civil rights laws protecting individuals4 from discrimination in housing, public accommodations, and empl oyment on the basis of5 race, color, religion, sex, sexual orientation, gender identity, age, disability, familial status,6 or national origin; to provide for legislative findings and int ent; to extend protections7 prohibiting discrimination in housing; to provide for the right to equal enjoyment of and8 privileges to public accommodations and provide for a civil right of action and remedies; to9 prohibit discrimination in private and public employment and provide for a private right of10 action and remedies; to specifically prohibit racial profiling by law enforcement officers and11 law enforcement agencies; to require certain policies and proce dures by law enforcement12 agencies; to provide for data collection; to provide for regulations by the Attorney General;13 to provide for an annual report; to provide for a right of action for enforcement; to revise the14 state waiver of sovereign immunity; to provide for waiver of so vereign immunity under15 certain circumstances; to repeal the use of the term "handicap" and make conforming changes16 with the use of the term "disability"; to provide for definitions; to provide for related matters;17 S. B. 320 - 1 - 25 LC 48 1564 to provide for a short title; to provide for an effective date; to repeal conflicting laws; and for18 other purposes.19 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:20 PART I21 SECTION 1-1.22 This Act shall be known and may be cited as the "Georgia Civil Rights Act of 2025."23 SECTION 1-2.24 (a) The General Assembly finds that:25 (1) Georgia is one of only three states without comprehensive state civil rights laws26 protecting individuals from discrimination in employment, housi ng, and public27 accommodations;28 (2) The General Assembly has considered legislation in recent years adding specific29 protections against discrimination for people based on religious beliefs, as well as sexual30 orientation and gender identity in separate contexts;31 (3) The Georgia Constitution guarantees equal protection under the law for all citizens;32 (4) The Georgia Constitution guarantees the natural and inalienable right to worship God,33 according to the dictates of a person's own conscience; and no human authority should, in34 any case, control or interfere with such right of conscience;35 (5) The Georgia Constitution holds that no one should be molested in person or property36 on account of religious opinions; but the right of freedom of religion shall not be construed37 as to excuse acts of licentiousness or justify practices inconsistent with the peace and safety38 of this state; and39 S. B. 320 - 2 - 25 LC 48 1564 (6) It is the duty of the General Assembly to enact such laws as will protect all citizens in40 the full enjoyment of the rights, privileges, and immunities due to such citizenship.41 (b) It is the intent of the General Assembly:42 (1) To expand and clarify civil rights laws in this state by a ddressing discrimination in43 employment, housing, and public accommodations; and44 (2) That this Act shall be liberally construed to safeguard ag ainst the discrimination45 prohibited herein.46 PART II47 SECTION 2-1.48 Title 8 of the Official Code of Georgia Annotated, relating to buildings and housing, is49 amended by revising Code Section 8-3-200, relating to state pol icy and purposes and50 construction of article, as follows:51 "8-3-200.52 (a) It is the policy of the State of Georgia to provide, within constitutional limitations, for53 fair housing throughout this state.54 (b) The general purposes of this article are:55 (1) To provide for execution in the this state of policies embodied in Title VIII of the56 Civil Rights Act of 1968, as amended by the Fair Housing Amendments Act of 1988;57 (2) To safeguard all individuals from discrimination in any as pect relating to the sale,58 rental, or financing of dwellings or in the provision of brokerage services or facilities in59 connection with the sale or rental of a dwelling because of tha t individual's such60 individuals' race, color, religion, sex, sexual orientation, gender identity, age, disability61 or handicap, familial status, or national origin;62 (3) To promote the elimination of discrimination in any aspect relating to the sale, rental,63 or financing of dwellings or in the provision of brokerage serv ices or facilities in64 S. B. 320 - 3 - 25 LC 48 1564 connection with the sale or rental of a dwelling because of a person's race, color, religion,65 sex, sexual orientation, gender identity, age, disability or handicap , familial status, or66 national origin; and67 (4) To promote the protecti on of each individual's interest in personal dignity and68 freedom from humiliation and the individual's freedom to take u p residence wherever69 such individual chooses; to secure the state against domestic s trife and unrest which70 would menace its democratic ins titutions; to p reserve the publi c safety, health, and71 general welfare; and to further the interests, rights, and privileges of individuals within72 this state.73 (c) This article shall be broadly construed to further the gen eral purposes stated in this74 Code section and the special purposes of the particular provision involved."75 SECTION 2-2.76 Said title is further amended by revising paragraphs (1) through (5) of subsection (a) of Code77 Section 8-3-202, relating to unlawful practices in selling or renting dwellings and exceptions,78 as follows:79 "(1) To refuse to sell or rent after the making of a bona fide offer, or to refuse to80 negotiate for the sale or rental of, or otherwise make unavailable or deny, a dwelling to81 any person because of race, color, religion, sex, sexual orientation, gender identity, age,82 disability, familial status, or national origin;83 (2) To discriminate against any person in the terms, conditions, or privileges of sale or84 rental of a dwelling, or in the provision of services or facilities in connection therewith,85 because of race, color, religion, sex, sexual orientation, gender identity, age, disability,86 familial status, or national origin;87 (3) To make, print, or publish or cause to be made, printed, o r published any notice,88 statement, or advertisement, with respect to the sale or rental of a dwelling, that indicates89 any preference, limitation, or discrimination based on race, co lor, religion, sex, sexual90 S. B. 320 - 4 - 25 LC 48 1564 orientation, gender identity, age, disability, familial status, or national origin, or an91 intention to make any such preference, limitation, or discrimination;92 (4) To represent to any person because of race, color, religion, sex, sexual orientation,93 gender identity, age, disability, familial status, or national origin that any dwelling is not94 available for inspection, sale, or rental when such dwelling is in fact so available;95 (5) For profit, to induce or attempt to induce any person to sell or rent any dwelling by96 representations regarding the entry or prospective entry into the neighborhood of a person97 or persons of a particular race, color, religion, sex, sexual o rientation, gender identity,98 age, familial status, or national origin or with a disability;"99 SECTION 2-3.100 Said title is further amended by revising Code Section 8-3-203, relating to unlawful denial101 of or discrimination in membership or participation in service or organization relating to102 selling or renting dwellings, as follows:103 "8-3-203.104 It shall be unlawful to deny any person access to or membership or participation in any105 multiple-listing service, real estate brokers' organization, or other service, organization, or106 facility relating to the business of selling or renting dwellin gs or to discriminate against107 such person in the terms or conditions of such access, membersh ip, or participation on108 account of race, color, religion, sex, disability, familial status, or national origin race, color,109 religion, national origin, sex, sexual orientation, gender iden tity, age, disability, familial110 status, or national origin."111 SECTION 2-4.112 Said title is further amended by revising subsections (b) and ( c) of Code Section 8-3-204,113 relating to discrimination in residential real estate related t ransactions and appraisals, as114 follows:115 S. B. 320 - 5 - 25 LC 48 1564 "(b) It shall be unlawful for any person or other entity whose business includes engaging116 in residential real estate related transactions to discriminate against any person in making117 available such a transaction or in the terms or conditions of such a transaction because of118 race, color, religion, sex, sexual orientation, gender identity , age, disability, handicap,119 familial status, or national origin.120 (c) Nothing in this article shall be construed to prohibit a person engaged in the business121 of furnishing appraisals of real property from taking into consideration factors other than122 race, color, religion, national origin, sex, handicap, or familial status race, color, religion,123 national origin, sex, sexual orientation, gender identity, age, disability, familial status, or124 national origin."125 SECTION 2-5.126 Said title is further amended by revising subsection (a) of Code Section 8-3-205, relating to127 permissible limitations in sale, rental, or occupancy of dwellings by religious organizations128 or private clubs and housing for older persons, as follows:129 "(a) Nothing in this article shall prohibit a religious organization, association, or society,130 or any nonprofit institution or organization operated, supervis ed, or controlled by or in131 conjunction with a religious organization, association, or soci ety, from limiting the sale,132 rental, or occupancy of dwellings which it owns or operates for other than a commercial133 purpose noncommercial purposes to persons of the same religion or from giving preference134 to such persons unless membership in such religion is restricted on account of race, color,135 sex, sexual orientation, gender identity, age, disability, handicap, familial status, or national136 origin. Nothing in this article shall prohibit a private club not in fact open to the public,137 which as an incident to its primary purpose or purposes provides lodgings which it owns138 or operates for other than a commercial purpose noncommercial purposes, from limiting139 the rental or occupancy of such lodgings to its members or from giving preference to its140 members."141 S. B. 320 - 6 - 25 LC 48 1564 PART III142 SECTION 3-1.143 Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, is144 amended by adding a new chapter to read as follows:145 "CHAPTER 16146 10-16-1.147 (a) It is the policy of the State of Georgia to provide, within constitutional limitations, for148 equal enjoyment of public accommodations throughout this state.149 (b) The general purpose of this chapter is to provide for exec ution in this state of the150 policies embodied in 42 U.S.C. Section 2000a, et seq., as of January 1, 2025, and 42 U.S.C.151 Section 1981, as of January 1, 2025.152 (c) This chapter shall be broadly construed to further the gen eral purposes stated in this153 Code section and the special purposes of the particular provision involved.154 10-16-2.155 As used in this chapter, the term 'place of public accommodatio n' shall have the same156 meaning as the term 'public accommodation' as set forth in the Americans with Disabilities157 Act of 1990, 42 U.S.C. Section 12181, et seq., as of January 1, 2025.158 10-16-3.159 (a) All persons shall be entitled to the full and equal enjoym ent of the goods, services,160 facilities, privileges, advantages, and accommodations of any p lace of public161 accommodation without discrimination or segregation on the basis of race, color, religion,162 sex, sexual orientation, gender identity, age, disability, familial status, or national origin.163 S. B. 320 - 7 - 25 LC 48 1564 (b) It shall be unlawful for any person to:164 (1) Withhold, deny, or attempt to withhold or deny, or deprive or attempt to deprive any165 person of any right or privilege secured by subsection (a) of this Code section;166 (2) Intimidate, threaten, or coerce, or attempt to intimidate, threaten, or coerce any167 person with the purpose of interfering with any right or privil ege secured by168 subsection (a) of this Code section; or169 (3) Punish or attempt to punish any person for exercising or attempting to exercise any170 right or privilege secured by subsection (a) of this Code section.171 10-16-4.172 When any person has engaged or there are reasonable grounds to believe that any person173 is about to engage in any act or practice prohibited by subsect ion (b) of Code174 Section 10-16-3, a civil action for preventive relief, includin g an application for a175 permanent or temporary injunction, restraining order, or other order, may be instituted by176 the person aggrieved, and the court may grant such relief as it deems appropriate. In any177 action commenced pursuant to this chapter, the court, in its di scretion, may allow the178 prevailing party reasonable attorney's fees as part of the costs.179 10-16-5.180 This chapter shall be broadly construed to safeguard against the discrimination prohibited181 by this chapter."182 PART IV183 SECTION 4-1.184 Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations,185 is amended by adding a new Code section to read as follows:186 S. B. 320 - 8 - 25 LC 48 1564 "34-1-11.187 (a)(1) It is the policy of the State of Georgia to provide, within constitutional limitations,188 for equal employment opportunities throughout this state.189 (2) The general purpose of this Code section is to provide for execution in this state of190 policies embodied in 42 U.S.C. Section 2000e, et seq., as of January 1, 2025.191 (b) As used in this Code section, the term 'employer' means a person engaged in an192 industry affecting commerce, as defined in 42 U.S.C. Section 20 00e, et. seq., as of193 January 1, 2025, that has 15 or more employees for each working day in each of 20 or more194 calendar weeks in the current or preceding calendar year, and a ny agent of such person. 195 Such term does not include:196 (1) The United States, a corporation wholly owned by the gover nment of the United197 States, or an American Indian tribe;198 (2) A bona fide private membership club, other than a labor or ganization, as defined199 in 42 U.S.C. Section 2000e, et. seq., as of January 1, 2025, which is exempt from taxation200 under Section 501(c)(3) of the Internal Revenue Code of 1986, as of January 1, 2025; or201 (3) A public employer as defined in Code Section 45-19-22.202 (c) It shall be unlawful for an employer to:203 (1) Fail or refuse to hire or to discharge any individual, or otherwise to discriminate204 against any individual with respect to such individual's compensation, terms, conditions,205 or privileges of employment, because of such individual's race, color, religion, sex, sexual206 orientation, gender identity, age, disability, familial status, or national origin; or207 (2) Limit, segregate, or classify its employees or applicants for employment in any way208 which would deprive or tend to deprive any individual of employment opportunities or209 otherwise adversely affect such individual's status as an emplo yee, because of such210 individual's race, color, religion, sex, sexual orientation, gender identity, age, disability,211 familial status, or national origin.212 S. B. 320 - 9 - 25 LC 48 1564 (d) An employee in this state shall have a private right of action for a claim against such213 employee's employer on the basis of discrimination for a violation of subsection (c) of this214 Code section.215 (e)(1) If the court finds that a respondent has intentionally engaged in or is intentionally216 engaging in an unlawful employment practice as charged in the complaint, the court may217 enjoin the respondent from engaging in such unlawful employment practice, and order218 such affirmative action as may be appropriate, which may includ e, but shall not be219 limited to, reinstatement or hiring of employees, with or without back pay, or any other220 equitable relief as the court deems appropriate. Back pay liability shall not accrue from221 a date more than two years prior to the filing of a claim. Int erim earnings or amounts222 earnable with reasonable diligence by the person or persons discriminated against shall223 operate to reduce the back pay otherwise allowable.224 (2) No order of the court shall require the hiring, reinstatem ent, or promotion of an225 individual as an employee, or the payment to such individual of any back pay, if such226 individual was refused admission, employment, or advancement or was suspended,227 expelled, or discharged for any reason other than such individual's race, color, religion,228 sex, sexual orientation, gender identity, age, disability, familial status, or national origin229 in violation of this Code section.230 (f) This Code section shall be broadly construed to safeguard against the discrimination231 prohibited in this Code section."232 SECTION 4-2.233 Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and234 agencies, is amended by adding a new chapter to read as follows:235 S. B. 320 - 10 - 25 LC 48 1564 "CHAPTER 11236 35-11-1.237 This chapter shall be known and may be cited as the 'End Racial Profiling Act.'238 35-11-2.239 As used in this chapter, the term:240 (1) 'Hit rate' means the percentage of stops and searches in w hich a law enforcement241 officer finds drugs, a firearm, or other contraband that leads to an arrest. Such percentage242 shall be calculated by dividing the total number of searches by the number of searches243 that lead to arrests.244 (2) 'Law enforcement agency' means any agency, organ, or department of this state, or245 a subdivision or municipality thereof, whose primary functions include the enforcement246 of criminal or traffic laws; the preservation of public order; the protection of life and247 property; or the prevention, detection, or investigation of crime, including, but not limited248 to, any department or unit organized by a college or university for purposes of Chapter 8249 of Title 20.250 (3) 'Law enforcement officer' means any agent or officer of th is state, a political251 subdivision or municipality of this state, an authority of this s t a t e , o r a c o l l e g e o r252 university who, as a full-time or part-time employee, is vested either expressly by law or253 by virtue of public employment or service with authority to enforce the criminal or traffic254 laws through the power of arrest and whose duties include the p reservation of public255 order, the protection of life and property, or the prevention, detection, or investigation of256 crime.257 (4) 'Racial profiling' means the practice of a law enforcement agency or law enforcement258 officer relying, to any degree, on actual or perceived race, co lor, religion, sex, sexual259 orientation, gender identity, age, disability, familial status, or national origin in selecting260 S. B. 320 - 11 - 25 LC 48 1564 which individual to subject to routine or spontaneous investiga tory activities or in261 deciding upon the scope and substance of law enforcement activity following the initial262 investigatory procedure.263 (5) 'Routine or spontaneous investigatory activities' means the following activities by a264 law enforcement officer:265 (A) Interviews;266 (B) Traffic stops;267 (C) Pedestrian stops;268 (D) Frisks and other types of body searches;269 (E) Consensual or nonconsensual searches of the persons, prope rty, vehicles, or270 possessions of individuals, including, but not limited to, moto rists and pedestrians,271 using any form of public or private transportation; or272 (F) Data collection and analysis, assessments, and predicated investigations.273 35-11-3.274 No law enforcement officer or law enforcement agency shall engage in racial profiling.275 35-11-4.276 (a) All law enforcement agencies shall:277 (1) Maintain adequate policies and procedures designed to eliminate racial profiling; and278 (2) Cease any existing practices that permit racial profiling.279 (b) The policies and procedures provided for under paragraph (1) of subsection (a) of this280 Code section shall include:281 (1) A prohibition on racial profiling;282 (2) Training on racial profiling issues;283 (3) The collection of data in accordance with regulations issued by the Attorney General;284 and285 S. B. 320 - 12 - 25 LC 48 1564 (4) Procedures for receiving, investigating, and responding meaningfully to complaints286 alleging racial profiling by law enforcement officers.287 (c) Beginning on July 1, 2025, and on July 1 of each year thereafter, the Attorney General288 shall issue a public report based upon the data collected by the Attorney General pursuant289 to this Code section for the prior calendar year. Such report shall detail for each law290 enforcement agency the number of routine or spontaneous investigatory activities and the291 hit rates. Such report shall disaggregate such data by race, ethnicity, and national origin.292 35-11-5.293 (a) The Attorney General or any individual injured by racial p rofiling may enforce this294 chapter in a civil action for declaratory or injunctive relief filed in the superior court.295 (b) In any action brought under this Code section, relief may be obtained against any:296 (1) Agency, organ, or department of this state, or a subdivision or municipality thereof,297 or a college or university that employed any law enforcement of ficer who engaged in298 racial profiling;299 (2) Law enforcement officer who engaged in racial profiling; or300 (3) Any individual with supervisory authority over such law enforcement officer.301 (c) Proof that the routine or spontaneous investigatory activi ties of law enforcement302 officers in a jurisdiction have had a disparate impact on indiv iduals because of such303 individual's actual or perceived race, color, religion, sex, se xual orientation, gender304 identity, age, disability, familia l status, or national origin shall constitute prima-facie305 evidence of a violation of this chapter.306 (d) In any action or proceeding to enforce this chapter agains t any agency, organ, or307 department of this state, or a subdivision or municipality thereof, or a college or university,308 the court may allow a prevailing plaintiff, other than the Atto rney General, reasonable309 attorney's fees as part of the costs and may include expert's f ees as part of the attorney's310 fees."311 S. B. 320 - 13 - 25 LC 48 1564 SECTION 4-3.312 Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees,313 is amended by revising Code Section 45-19-21, relating to the purposes and construction of314 the "Fair Employment Practices Act of 1978," as follows:315 "45-19-21.316 (a) The general purposes of this article are:317 (1) To provide for execution within public employment in the this state of the policies318 embodied in Title VII of the federal Civil Rights Act of 1964 (78 Stat. 241), as amended319 by the Equal Employment Opportunity Act of 1972 (86 Stat. 103), as from time to time320 amended, the federal Age Discrimination in Employment Act of 1967 (81 Stat. 602), as321 from time to time amended, and the federal Rehabilitation Act of 1973 (87 Stat. 355), as322 from time to time amended;323 (2) To safeguard all individuals in public employment from dis crimination in324 employment; and325 (3) To promote the elimination of discrimination against all i ndividuals in public326 employment because of such individuals' race, color, religion, national origin, sex,327 disability, or age race, color, religion, sex, sexual orientation, gender identit y, age,328 disability, familial status, or national origin, thereby to promote the protection of their329 interest in personal dignity and freedom from humiliation; to make available to the this330 state their full productive capacities; to secure the this state against domestic strife and331 unrest which would menace its democratic institutions; to prese rve the public safety,332 health, and general welfare; and to further the interests, righ ts, and privileges of333 individuals within the this state.334 (b) This article shall be broadly construed to further the gen eral purposes stated in this335 Code section and the special purposes of the particular provision involved.336 (c) Nothing in this article shall be construed as indicating a n intent to exclude local or337 federal laws on the same subject matter, which laws are not inconsistent with this article.338 S. B. 320 - 14 - 25 LC 48 1564 (d) Nothing contained in this article shall be deemed to repeal any other nonconflicting law339 of this state relating to discrimination because of race, color, religion, national origin, sex,340 disability, or age race, color, religion, sex, sexual orientation, gender identit y, age,341 disability, familial status, or national origin."342 SECTION 4-4.343 Said title is further amended by revising paragraph (4) of Code Section 45-19-22, relating344 to definitions relative to the "Fair Employment Practices Act of 1978," as follows:345 "(4) 'Discrimination' means any direct or indirect act or practice of exclusion, distinction,346 restriction, segregation, limitation, refusal, denial, or any o ther act or practice of347 differentiation or preference in the treatment of a person or p ersons because of race,348 color, religion, national origin, sex, disability, handicap, or age race, color, religion, sex,349 sexual orientation, gender identity, age, disability, familial status, or national origin, or350 the aiding, abetting, inciting, coercing, or compelling of such an act or practice. Such351 term shall not include any direct or indirect act or practice o f exclusion, distinction,352 restriction, segregation, limitation, refusal, denial, or any o ther act or practice of353 differentiation or preference in the treatment of a person or persons because of religion354 if an employer demonstrates that the employer is unable to accommodate reasonably an355 employee's or prospective employee's religious observance or pr actice without undue356 hardship on the conduct of the employer's operation."357 SECTION 4-5.358 Said title is further amended by revising paragraphs (8) and (14) of Code Section 45-19-27,359 relating to additional powers and duties of the administrator o f the Commission on Equal360 Opportunity, as follows:361 "(8) To receive, initiate, investigate, seek to conciliate, and make determinations362 regarding complaints alleging violations of this article and to approve or disapprove plans363 S. B. 320 - 15 - 25 LC 48 1564 required by the Governor to eliminate or reduce imbalance in employment with respect364 to race, color, disability, religion, sex, national origin, or age race, color, religion, sex,365 sexual orientation, gender identity, age, disability, familial status, or national origin;"366 "(14) To adopt, promulgate, amend, and rescind, subject to approval of the board and the367 Governor and after giving proper notice and hearing to all public employers pursuant to368 Chapter 13 of Title 50, the 'Georgia Administrative Procedure A ct,' such rules and369 regulations as may be necessary to carry out the provisions of this article, including370 regulations requiring the posting or inclusion in advertising material of notices prepared371 or approved by the administrator and regulations regarding the filing, approval, or372 disapproval of plans to eliminate or reduce imbalance in employment with respect to race,373 color, disability, religion, sex, national origin, or age race, color, religion, sex, sexual374 orientation, gender identity, age, disability, familial status, or national origin;"375 SECTION 4-6.376 Said title is further amended by revising Code Section 45-19-29 , relating to unlawful377 practices generally relative to fair employment practices, as follows:378 "45-19-29.379 It is an unlawful practice for an employer:380 (1) To fail or refuse to hire, to discharge, or otherwise to d iscriminate against any381 individual with respect to the individual's compensation, terms, conditions, or privileges382 of employment because of such individual's race, color, religio n, national origin, sex,383 disability, or age race, color, religion, sex, sexual orientation, gender identit y, age,384 disability, familial status, or national origin;385 (2) To limit, segregate, or classify his such employer's employees in any way which386 would deprive or tend to deprive an individual of employment opportunities or otherwise387 adversely affect an individual's status as an employee because of such individual's race,388 S. B. 320 - 16 - 25 LC 48 1564 color, religion, national origin, sex, sexual orientation, gender identity, age, disability,389 familial status, or national origin disability, or age; or390 (3) To hire, promote, advance, segregate, or affirmatively hir e an individual solely391 because of race, color, religion, national origin, sex, sexual orientation, gender identity,392 age, disability, familial status, or national origin disability, or age, but this paragraph shall393 not prohibit an employer from voluntarily adopting and carrying o u t a p l a n t o f i l l394 vacancies or hire new employees in a manner to eliminate or red uce imbalance in395 employment with respect to race, color, disability, religion, sex, national origin, or age396 race, color, religion, sex, sexual orientation, gender identity , age, disability, familial397 status, or national origin if the plan has first been filed with the administrator for review398 and comment for a period of not less than 30 days."399 SECTION 4-7.400 Said title is further amended by revising Code Section 45-19-30 , relating to unlawful401 practices in training or apprenticeship programs, as follows:402 "45-19-30.403 It is an unlawful practice for an employer controlling apprenticeship or other training or404 retraining, including on-the-job training programs, to discriminate against an individual405 because of such individual's race, color, religion, national origin, sex, sexual orientation,406 gender identity, age, disability, familial status, or national origin disability, or age i n407 admission to or employment in any program established to provide apprenticeship or other408 training or to discriminate by allowing admission or promotion to an apprenticeship or409 training program solely because of race, color, religion, national origin, sex, disability, or410 age race, color, religion, sex, sexual orientation, gender identit y, age, disability, familial411 status, or national origin."412 S. B. 320 - 17 - 25 LC 48 1564 SECTION 4-8.413 Said title is further amended by revising Code Section 45-19-31 , relating to unlawful414 practices in advertisement of employment, as follows:415 "45-19-31.416 It is an unlawful practice for an employer to print or publish or cause to be printed or417 published a notice or advertisement relating to employment by such an employer indicating418 any preference, limitation, specification, or discrimination based on race, color, religion,419 national origin, sex, sexual orientation, gender identity, age, disability, familial status, or420 national origin disability, or age, except that such a notice or advertisement may indicate421 a preference, limitation, or specification based on race, color, religion, national origin, sex,422 sexual orientation, gender identity, age, disability, or national origin disability, or age when423 religion, national origin, sex, sexual orientation, gender identity, age, disability, or national424 origin disability, or age is a bona fide occupational qualification for employment."425 SECTION 4-9.426 Said title is further amended by revising Code Section 45-19-33 , relating to different427 standards of compensation or different terms and conditions of employment where not based428 on race, color, religion, sex, national origin, disability, or age, as follows:429 "45-19-33.430 It is not an unlawful practice for an employer to apply different standards of compensation431 or different terms, conditions, or privileges of employment pursuant to a bona fide seniority432 or merit system, or a system which measures earnings by quantity or quality of production,433 or to employees who work in different locations, provided that such differences are not the434 result of an intention to discriminate because of race, color, religion, national origin, sex,435 disability, or age race, color, religion, sex, sexual orientation, gender identit y, age,436 disability, familial status, or national origin; nor is it an unlawful practice for an employer437 to give and to act upon the results of any professionally devel oped ability test, provided438 S. B. 320 - 18 - 25 LC 48 1564 that such test, its administration, or action upon the results thereof is not designed,439 intended, or used to discriminate because of race, color, relig ion, national origin, sex,440 disability, or age race, color, religion, sex, sexual orientation, gender identit y, age,441 disability, familial status, or national origin."442 SECTION 4-10.443 Said title is further amended by revising subsections (b) and (c) of Code Section 45-19-35,444 relating to use of quotas because of imbalances in employee rat ios prohibited, grants of445 preferential treatment to certain individuals or groups not required by the "Fair Employment446 Practices Act of 1978," adoption of plans required by Governor to reduce imbalance, and447 effect of the "Fair Employment Practices Act of 1978" upon certain employment practices,448 as follows:449 "(b) Nothing contained in this article requires an employer to grant preferential treatment450 to an individual or to a group because of the race, color, reli gion, national origin, sex,451 sexual orientation, gender identity, age, disability, familial status, or national origin,452 disability, or age of the individual or group on account of an imbalance which may exist453 with respect to the total number or percentage of persons of an y race, color, religion,454 national origin, sex, sexual orientation, gender identity, age, disability, familial status, or455 national origin disability, or age in the in this state or a community, section, or other area456 or in the available work force workforce in the this state or a community, section, or other457 area.458 (c) It is specifically provided that neither subsection (a) nor (b) of this Code section nor459 any other provision of this article shall prohibit an employer from adopting or carrying out460 a plan to fill vacancies or hire new employees in a manner to eliminate or reduce imbalance461 in employment with respect to race, color, disability, religion, sex, national origin, sexual462 orientation, gender identity, age, disability, familial status, or national origin or age if such463 S. B. 320 - 19 - 25 LC 48 1564 plan is required by the Governor and filed with and approved by the administrator prior to464 its final adoption and implementation."465 SECTION 4-11.466 Said title is further amended by revising paragraph (7) of subs ection (c) of Code467 Section 45-19-38, relating to findings, conclusions, and order of hearing officer generally and468 order to cease and desist from unlawful practice and to take remedial action, as follows:469 "(7) Recommending to the Governor that the respondent be requir ed to adopt and file470 with the administrator, within a specified time limitation, for the administrator's approval471 a plan to fill vacancies or hire new employees in a manner to e liminate or reduce472 imbalance in employment with respect to race, color, disability , religion, sex, national473 origin, sexual orientation, gender identity, age, disability, familial status, or national474 origin or age."475 SECTION 4-12.476 Said title is further amended by revising paragraph (1) of subs ection (b) of Code477 Section 45-20-1, relating to purposes and principles relative to personnel administration of478 public officers and employees, as follows:479 "(1) Assuring fair treatment of applicants and employees in all aspects of personnel480 administration without regard to race, color, national origin, sex, age, disability, religious481 creed, race, color, religion, sex, sexual orientation, gender identit y, age, disability,482 familial status, or national origin, or political affiliations. This 'fair treatment' principle483 includes compliance with all state and federal equal employment opportunity and484 nondiscrimination laws;"485 S. B. 320 - 20 - 25 LC 48 1564 SECTION 4-13.486 Said title is further amended by revising paragraph (2) of Code Section 45-20-4, relating to487 duties and responsibilities of commissioner relative to personnel administration, as follows:488 "(2) To submit to the Governor the rules and regulations adopte d by the board. Such489 rules and regulations when approved by the Governor shall have the force and effect of490 law and shall be binding upon the state departments covered by this article and shall491 include provisions for the establishment and maintenance of cla ssification and492 compensation plans, the conduct of examinations, appointments, promotions, transfers,493 demotions, appeals of classified employees, reports of performance, payroll certification,494 and other phases of personnel administration. Such rules and regulations shall define and495 prohibit improper political activity by any departmental employee of the State Personnel496 Board or any employee covered under the terms of this article and shall provide that there497 shall be no discrimination for or against any person or employe e in any manner, to498 include, but not be limited to, hiring, discharge, compensation , benefits, terms or499 conditions of employment, promotion, job classification, transfer, privileges, or demotion500 because of political affiliation, religious affiliation, race, color, creed, national origin, sex,501 sexual orientation, gender identity, disability, familial status, or age between 40 and 70502 years, or physical disability. Such rules and regulations shall conform to the minimum503 standards for merit systems of personnel administration as spec ified by those federal504 departments from which federal funds are obtained for use by th e several state505 departments covered by this article. Compensation plans and mo difications thereto506 promulgated under the rules and regulations of the commissioner shall become effective507 as adopted upon approval of by the director of the Office of Planning and Budget;"508 S. B. 320 - 21 - 25 LC 48 1564 SECTION 4-14.509 Said title is further amended by revising subparagraph (C) of p aragraph (3) of Code510 Section 45-20-51, relating to definitions relative to voluntary deductions from wages or511 salaries of state employees for benefit of charitable organizations, as follows:512 "(C) Observes a policy and practice of nondiscrimination on the basis of race, color,513 religion, sex, national origin, or disability, sexual orientation, gender identity, age,514 disability, familial status, or national origin, and such policy is applicable to persons515 served by the agency, to agency staff employment, and to membership on the agency's516 governing board; and"517 SECTION 4-15.518 Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended519 in Article 2 of Chapter 21, relating to state tort reforms, by adding a new Code section to read520 as follows:521 "50-21-38.522 The defense of sovereign immunity is waived as to any claim, counterclaim, cross-claim,523 or third-party claim brought in the courts of this state by an aggrieved person seeking a524 declaratory judgment, injunctive relief, or reasonable attorney's fees against the state or any525 political subdivision thereof under Chapter 11 of Title 35; pro vided, however, that526 sovereign immunity shall not be waived as to any claim for mone tary damages that are527 included in or related to such claim, counterclaim, cross-claim, or third-party claim. This528 Code section shall not be construed to alter or amend any other waiver of sovereign529 immunity provided by law."530 S. B. 320 - 22 - 25 LC 48 1564 PART V531 SECTION 5-1.532 This Act shall become effective on January 1, 2026.533 SECTION 5-2.534 All laws and parts of laws in conflict with this Act are repealed.535 S. B. 320 - 23 -