HB 306: Labor and industrial relations; cause of action for workplace harassment and retaliation; provide

Georgia currently has a chapter of law (O.C.G.A. Chapter 5A of Title 34) that lets county, municipal, and consolidated government employees sue for retaliation tied to sexual harassment complaints. This bill rewrites that chapter to create a much broader set of legal claims covering harassment based on any protected characteristic, such as race, sex, religion, age, disability, or genetic information, not just sexual harassment. The bill lets a worker sue a supervisor, coworker, or third party who harasses them, and lets a worker sue their employer if the employer was negligent in letting a coworker or third party harass them, or if a supervisor did the harassing. It defines key terms like workplace harassment, retaliation, and adverse employment action, and gives employers a way to reduce their legal liability by adopting and following a detailed written anti-harassment policy. Claims for harassment must be filed within two years of the most recent incident, and retaliation claims within one year of discovery or three years of the act, whichever comes first. Courts could award back pay, reinstatement, damages, and attorney fees. The law would take effect as soon as the Governor signs it.

• Creates a new legal claim letting an employee sue a supervisor, coworker, or third party who engages in workplace harassment based on race, sex, religion, age, disability, genetic information, or national origin.
• Lets a worker sue an employer for a supervisor's harassment, or for a coworker's or third party's harassment if the employer was negligent in exposing the worker to that risk.
• Creates a separate retaliation claim against any employer or supervisor who takes an adverse employment action, such as firing, demotion, or reassignment, because a worker engaged in a protected activity like reporting harassment.
• Lets employers reduce or avoid liability by showing they adopted, distributed, and enforced a detailed written anti-harassment policy that meets specific requirements.
• Sets filing deadlines: two years from the most recent harassment incident, and for retaliation, one year after discovery or three years after the act, whichever is earlier.
• Blocks punitive damages if a jury finds the employer substantially complied with the law's anti-harassment policy requirements.

Private employers with ten or more paid workers in Georgia, their supervisors and employees, and coworkers or third parties in the workplace. County, municipal, and consolidated government employers and employees remain covered under a separate retaliation provision that predates this bill.

Georgia workers who face harassment based on race, sex, disability, age, or other protected traits would gain a direct path to sue in state court, beyond existing federal options. Employers would face new legal exposure but could limit damages by maintaining a compliant anti-harassment policy and enforcing it consistently.

• Section 34-5A-1 defines terms including 'workplace harassment,' 'retaliation,' 'adverse employment action,' 'supervisor,' 'employer' (a business paying 10 or more workers, excluding government entities), and 'protected characteristic.'
• Section 34-5A-2 keeps the existing retaliation claim for county, municipal, and consolidated government employees tied to sexual harassment complaints, and lets governments mitigate liability with reasonable-care measures.
• Section 34-5A-3 creates a new workplace harassment claim against supervisors, coworkers, third parties, and negligent employers, with liability facts decided by a jury at trial.
• Section 34-5A-4 lists what an employer must do to claim it exercised 'reasonable care,' including a written anti-harassment policy with specific required statements, training, and prompt discipline.
• Section 34-5A-5 creates a general retaliation claim against a supervisor or employer for adverse action taken because a worker engaged in a protected activity.
• Section 34-5A-6 sets the statute of limitations: two years for harassment claims, and for retaliation, one year after discovery or three years after the act, whichever is earlier.
• Section 34-5A-7 lists available relief, including lost wages, reinstatement, damages, attorney fees, and injunctions, but bars punitive damages if the employer substantially complied with the anti-harassment policy requirements.
• The Act takes effect immediately upon the Governor's signature or upon becoming law without the Governor's approval.

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
• discrimination
• labor law